In some divorce cases, a spouse may be available for alimony as part of the divorce settlement. Alimony is a legal obligation in which a spouse must provide financial support to his or her spouse after marital separation or divorce.
Under Florida Statue 61.08, alimony can be awarded through court order as a one-time lump sum or periodic payments that are to be made to the party requesting alimony. Before awarding alimony to the corresponding party, the court must first determine whether the party filing/asking for alimony is an actual need of alimony or maintenance. If the court does indeed find that a party is in need of alimony and the other party is able to pay alimony, then the court will determine how much alimony will be court ordered for the other party to contribute.
Some of the factors that a court may use in order to determine how much alimony a party must pay, include:
- Standard of living established during marriage
- Duration of marriage
- The financial resources of each party and,
- The earning capacities, educational levels, and vocational skills of each party involved
In many cases, a spouse will may be awarded alimony if he or she has not been required to work and has subsequently become a stay-at-home parent for an extended period of time.