What is Alimony & How is it Collected?

April 10, 2019

Definition and Calculation of Alimony

Matters regarding Alimony are fairly strict under Florida statute. Alimony in this case has been referred to as payments made to a spouse or former spouse under a separation or divorce agreement with the aim of supporting the other spouse. The ground factor with regards to all the existing types of alimony is that in all of them, the recipient spouse must have a need and the spouse paying the alimony must be able to pay. It is therefore important for the court to determine the needs of the party seeking alimony as well as the ability of the person required to pay alimony before establishing the amount to be paid as alimony as well as the duration in which it ought to be paid.

It is equally important for a family court to first and foremost establish all the factors that have been provided for in Florida Statute 61.08. This statute provides the factors that ought to be taken into consideration when calculating the amount of alimony a spouse ought to receive in Florida.

These factors as provided by the law are inclusive of:

 The standard of living established during the marriage

 The duration of the marriage

 The age, as well as the physical and emotional condition of each party

 The financial resources of each party, including the non-marital and marital assets and marital liabilities distributed to each in the divorce

 The earning capacities, educational levels, vocational skills, and employability of the parties

 In some situations and/or when necessary, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment

 The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party

 The responsibilities each party will have in their Florida parenting plan and time sharing obligations

 The tax treatment and consequences to both parties of any alimony award; and

 Lastly, all sources of income available to either party are considered; including income available to either party after equitable distribution.

It is important for all these factors to be taken into consideration in order to help in the calculation of Alimony that ought to be paid by the paying spouse as well as that which ought to be received by the recipient spouse.