No one is automatically entitled to alimony or spousal support as part of a divorce settlement. The courts will consider a number of factors, including the length of the marriage, child rearing responsibilities and the parties' disparities in income. The primary consideration in determining whether a party will receive or have to pay alimony is whether one party has the need and the other has the actual financial ability to pay.
The court considers all relevant factors when establishing alimony, including, but not limited to:
The standard of living established during the marriage.
The duration of the marriage.
The age and the physical and emotional condition of each party.
The financial resources of each party, including the nonmarital and the marital assets and 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.
Any other factor necessary to do equity and justice between the parties.
When Just Another Lawyer' Won't Do
People have strong feelings about alimony. The party who pays it hates to write a check for $2,000 (or so) every month and get nothing for it. The party who receives alimony sacrificed a career to provide backup to the other. After all that sacrifice for the other's success, it doesn't seem right to have to go to work at Burger King.
At Christian D. Smed, P.A. in Winter Park, we represent both sides in creating spousal support plans that are fair and equitable. It is our belief that the alimony reform movement is still strong, and may pass similar legislation, with a few minor changes.
If this happens, you will want legal counsel with the depth of experience of Chris Smed — an attorney able to find advantages for you in the face of a law.
Call Christian D. Smed, P.A., at 407.644.2978 Or contact us today for an experienced Orlando alimony attorney. We are eager to hear your side of the story.
CHRISTIAN D. SMED, P.A. 941 West Morse Boulevard, Suite 100 Winter Park, Florida, 32789