When the divorce goes to court and the judge must determine whether alimony is appropriate or not, there are several different factors they will evaluate before making their final decision.
When a divorce happens, one of the spouses generally have to pay support to the other spouse so they can ground themselves financially. This support can either be given as spousal support or alimony. Most people use these terms interchangeably, but they are actually quite different when examined through the legal lens. Alimony is a series of court-ordered payments given after divorce, whereas spousal support is given to help the spouse survive during the difficult transitionary period of their life.
If the court determines that an individual has to pay spousal support, then this means that they have to provide a temporary payment that the spouse has to receive during a specific amount of time. Sometimes, spousal support also has to be given during the course of the marriage as well. Alimony, on the other hand, is a provision that is ordered by the court and is considered official terms of a divorce. Before the court determines that a person has to pay alimony, they will evaluate a number of factors. This includes the income of both spouses, how long the marriage lasted, and how much each spouse contributed and sacrificed for the relationship.
Once the decision has been made, the payments must be given consistently and in a timely manner to the other spouse, or there will be legal consequences. Individuals may even be arrested if they have failed to provide their alimony payments as designated by the court.
How Exactly is Alimony Determined in Orlando, Florida?
When the divorce goes to court and the judge must determine whether alimony is appropriate or not, there are several different factors they will evaluate before making their final decision.
The most important factors include the reasons for the divorce, the presence of abuse, adultery and other wrongdoings during the marriage, and the level of skill and education of both spouses. Other factors include:
- Any shared children
- The amount of income, property, debt, and assets of each spouse
- The quality of life during the marriage
Based on the personal details of one’s case, the type of alimony will be decided. There are several different forms of alimony. These include permanent alimony, temporary alimony, lump sum alimony, and bridge the gap alimony. The emotional and financial hardship individuals face after divorce are severe, and anyone who is suffering in this way should know that they don’t have to endure everything on their own. If their previous partner earns more then them, it is likely that alimony will be mandated to help them get their life together once more.
Anyone who is getting a divorce and has questions regarding alimony should get in touch with a divorce attorney as soon as possible.
References:
Join the conversation!