Factors That Affect Spousal Support
Divorce can have a major impact on your financial situation in many different ways. In some situations, one spouse earns significantly more than the other, and one spouse may even be out of the workforce completely. Florida law recognizes that one spouse might lose income they have depended on, and the law provides an option for financial support. This is commonly called spousal support or alimony.
Whether you need spousal support or you are being asked to provide support, it is critical to have an experienced Brandon divorce attorney protecting your rights and interests. Spousal support is only one of many complex issues you might face in your divorce case, so you should not wait to call the law office of Carman, Bevington & Finegan, P.A. to learn how we can help in your situation.
Spousal Support Determinations in Florida
When two spouses agree on alimony, there is no need for court intervention. However, spousal support is one of the most commonly contested issues in divorce cases, which means the court often has to make spousal support determinations. This includes which type of alimony to award and how much support should be provided.
The court will examine many factors when making this type of decision, and some of those factors include the following.
Income of both parties – Does one spouse earn substantially more than the other? Does one spouse work part-time or not at all? If there is an income disparity, there might likely be a spousal support award.
Earning capacity – Even if one spouse does not currently work full-time, the court will examine whether they have the ability to do so in the future. In some cases, they may need additional education, experience, or training to reach the necessary earning capacity, which can take time. During that time, they may need spousal support. In other situations, a spouse may not have significant earning capacity based on age, time away from the workforce, or disability.
Other financial resources – Even if someone is not working, do they have access to funds in other ways? Are there investment accounts or inheritances that can help them support themselves? The court will also take into account the marital property awards the non-working spouse is receiving in the divorce.
Circumstances of the marriage – There are many aspects of a marriage the court will evaluate to decide on spousal support awards. Some of these include:
- The duration of the marriage
- The standard of living enjoyed during the marriage
- Each spouse’s contributions to the marriage, which include foregoing a career for childcare or to support the other spouse’s career
- Whether one spouse engaged in adultery
These are only some factors the court will consider, and you should have the right attorney working to ensure you receive a fair alimony decision.
Contact Our Brandon Divorce Attorneys for More Information
The spousal support lawyers at Carman, Bevington & Finegan, P.A., represent clients in many different situations. Call 813-654-3444 or contact us online to discuss how we can assist you in your divorce case.