Although divorce can certainly bring on emotional pain, the potential for financial damage cannot be ignored. Property division, child support, and alimony can all reshape the way an individual lives post-divorce. In order to get a fair shake in negotiating and litigating these matters, Florida residents need to make sure they understand the law and what evidence they need to put forth to support their position in accordance with the law.
For example, when a court determines whether spousal support should be awarded, it turns to a number of factors. These factors are meant to aid a judge in deciding whether alimony should be paid and whether an owing spouse would have resources available to pay it. Additionally, when it is awarded, these factors help the court figure out exactly how much alimony should be awarded.
So, what are the factors considered by the court? There are many of them. The duration of the marriage and the standard of living enjoyed by the couple during the course of the marriage can carry a lot of weight, but so, too, can financial resources of the parties involved. Also, a court may consider the earning capacities of each individual, which may include an analysis of their education, work experience, training and whether one spouse forwent any of these activities in order to raise a family. As a catchall provision, Florida law also allows family law judges to consider any factor that is necessary to consider in order for there to be fairness and justice amongst the parties involved.
With such a wide array of factors in play, those seeking alimony, as well as those hoping to avoid the obligation of paying it, need to develop a legal strategy. This may be challenging with so much evidence at hand, especially when emotions are running high. However, a skilled divorce attorney can help lend a case focus, building it on a foundation of physical and testimonial evidence that seeks to leave an individual on solid financial footing as they close one chapter of their life and start another.