There is no specific calculation formula for alimony in Florida. The basic legal standard for alimony is the need and ability to pay - the party requesting alimony must show that they have a need for the alimony and that the other party can contribute financially towards that need. There are other factors that the Court can consider, including but not limited to the length of the marriage, the regular course of actions during the marriage, and the earning potential of each party after divorce. Understand that alimony is never guaranteed, and recent legislation has changed the landscape of alimony in Florida. If you believe that you are entitled to alimony, it would be best for you to consult with an attorney.
There is never a guaranteed way to avoid paying alimony in the State of Florida, but the following things can give you the strongest protection against it:
Having a solid prenuptial agreement that has been artfully drafted by, or reviewed by, your skilled Family Law Attorney and executed by you and your spouse with all the necessary legal formalities prior to getting married.
Having a solid postnuptial agreement that has been artfully drafted by, or reviewed by, your skilled Family Law Attorney and executed by you and your spouse with all the necessary legal formalities after getting married but before either of you file for divorce; or
Hiring a Family Law Attorney who can recognize potential weaknesses in the validity of a prenuptial or postnuptial agreement that she didn’t draft or review, understands the current alimony landscape, knows your legal areas of strength or weakness concerning alimony, discerns human nature, and creatively negotiates satisfactory terms.
Please keep in mind that your risk of paying support to your spouse does not require a divorce or dissolution of marriage. You can be at risk of paying support, or in a position to receive support, even if neither of you file for divorce.
If you think that you are at risk of paying support to your spouse, please speak with an attorney as soon as possible.
Alimony, also known as spousal support, is financial assistance provided to a former spouse following a divorce to maintain the standard of living established during the marriage. The state of Florida recognizes various types of alimony, each with its nuances regarding duration and amount. Determining alimony involves a careful assessment of both parties' financial circumstances, and the awards are tailored to the unique details of each case.
Our skilled legal team at L. M. Knox Law is committed to navigating you through the complexities of alimony, whether you are seeking support or striving to ensure any obligations are equitable. Trust us to advocate for your best interests and secure a just outcome in your alimony proceedings.
L. M. Knox Law and Mediation, PLLC
10150 Highland Manor Drive
Suite 200-032
Tampa, Florida 33610