Alimony §61.08, Fla. Stat. Part 2 of 9 | Divorce Attorney Fort Myers/Cape Coral
In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.
Below please find some general information regarding Alimony and how it is awarded.
B. Factors in determining proper type and amount of alimony (61.08) (court findings required)
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and physical and emotional condition of each party.
- The financial resources of each party, including the non-marital and the marital and non-marital liabilities distributed to each.
- The earning capacities, educational levels, vocational skills, and employability of the parties, and, when applicable, 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 with regard to any minor children they have in common.
- The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
- All sources of income available to either party, including income available to either party through investments of any asset held by that party.
- The court may consider any other factor necessary to do equity and justice between the parties (depletion of marital assets).
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