When a husband and wife are getting divorced, the courts will typically look to some common standards to determine whether or not alimony will even be awarded, how much it should be, and for how long. The primary consideration are need and ability to pay. The Judge will also look at the standard of living during the marriage, the duration of the marriage, the age and physical and emotional condition of the parties, the financial resources of the parties, the non-marital and marital assets and liabilities distributed to each party, the time needed acquire education or training, or to be come gainfully employed (if applicable), the contribution of both the husband and the wife to the marriage, ie homemaking, contributions to the other party’s career or education, and care for the children, available sources of income, and any other factor the court deems relevant and appropriate to achieve equity and justice. Also just because one spouse chooses not to work, that does not mean they get a free ride. The court can do whats called “impute income” on a party which means they can take into account what the person is able to earn.
There are different types of alimony: permanent, durational, bridge-the-Gap, rehabilitative, lump sum, or temporary. The type of alimony awarded depends on the facts of each individual case. Note: Florida Statutes state that “the award of alimony may not leave the payor with significantly less income than the net income of the recipient unless there are written findings of exceptional circumstances.” Florida Statutes §61.08(9).