Factors that May Affect Spousal Support
“Spousal support” refers to payments made from one spouse to another during and/or after a divorce. Also called alimony or maintenance, spousal support is available to qualifying individuals under Florida law. However, this is often a sticking point in many divorces, requiring the Tampa family court to get involved in the matter.
It is common for spouses to disagree on alimony arrangements – mostly because the higher-earning spouse will not agree to provide support or the recipient spouse is demanding too much support. If spousal support is an issue in your divorce case, it is important to have the right Tampa divorce lawyer standing up for your interests. The Law Offices of Mark G. Rodriguez, P.A., represents clients on both sides of alimony determinations, so please do not hesitate to call the office today.
Factors Considered by the Court
When a spousal support decision is brought before the court, each spouse can present evidence supporting their position. The court will review the circumstances of the case, and the law requires the court to base its determination on several factors. These factors include the following:
- The length of the marriage
- The age and health condition of each spouse
- The standard of living the spouses enjoyed while they were married
- The income available to both parties, which can include earnings, inheritance payments, investment income, and more
- Other financial resources available to each spouse, including the property distribution award from the divorce case
- The ability of each spouse to earn an adequate living, which involves their education level, training and skills, and other factors that affect employability
- The time it would take for the lower-earning spouse to obtain the training or education needed to obtain sufficient employment
- How each spouse contributed to the marriage, including household services, childcare, and supporting the education and career of the other spouse
- Whether each spouse will need to support minor children
- Tax implications of a spousal support order
- Any other factors the court deems relevant to making a just decision, including whether one spouse was unfaithful
After reviewing all of these factors, the court will need to make several decisions. These include:
- Whether or not one spouse needs support
- Whether or not the other spouse can afford to provide support
- The type of support that is appropriate
- The length of time the spouse must provide support
- The amount of support
Permanent alimony is rare, and only usually applies in cases arising from a long marriage and when there are few employment opportunities available for the recipient spouse.
Contact a Tampa Divorce Attorney to Discuss Your Case Today
The Law Offices of Mark G. Rodriguez, P.A., knows that spousal support can be a contentious issue in many divorce cases. Our divorce lawyer strives to help clients reach out-of-court agreements whenever possible and will also defend their rights in court when needed. Call 813-227-9642 or contact us online to set up a consultation about your family law case.