Navigating the complexities of alimony in Florida can be challenging, particularly when it comes to understanding the factors that may disqualify someone from receiving it. In Florida, several conditions and behaviors can disqualify an individual from being awarded alimony. In this blog, we will explore what disqualifies you from alimony in Florida, helping you better understand what to expect in the divorce process.
What is Alimony?
Alimony, or spousal support, is a financial arrangement the court orders during a divorce or separation. Its purpose is to provide financial stability to a spouse who may have been financially dependent on the other during the marriage. The goal of alimony is to ensure that both spouses can maintain a standard of living reasonably close to what they experienced during the marriage.
What Factors Affect Alimony Payments?
Several factors influence whether alimony is awarded and the payment amount and duration. Understanding these factors can help both spouses prepare for the alimony determination process.
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Each Spouse’s Behavior During the Marriage
The court may consider each spouse’s behavior during the marriage when determining alimony. This includes any instances of adultery or domestic violence. While marital misconduct is not the primary factor, it can influence the court’s decision, especially if it has a financial impact on the marriage.
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How Long the Couple Was Married
The duration of the marriage significantly affects alimony decisions. Generally, longer marriages are more likely to result in alimony awards. In Florida, marriages are categorized as short-term (less than 10 years), moderate-term (10 to 20 years), and long-term (over 20 years).
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Whether or Not Each Spouse Has the Capacity to Work
The court examines each spouse’s ability to earn income. This includes their education, work experience, and physical and mental health. If one spouse has been out of the workforce for a long time or lacks the skills to earn a sufficient income, they may be more likely to receive alimony.
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How Much “Liquid” Property Each Spouse Will Receive in the Divorce
Liquid assets, such as cash and easily convertible investments, play a role in alimony decisions. If the receiving spouse is awarded a significant amount of liquid assets in the divorce settlement, they may not need as much, or any, alimony to support themselves.
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Each Spouse’s Health, Income, and Age
The health, income, and age of each spouse are critical considerations. Older spouses or those with health issues may have a harder time supporting themselves and thus may be more likely to receive alimony. Conversely, younger and healthier spouses with substantial incomes are less likely to need alimony.
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The Couple’s Standard of Living When They Were Married
The standard of living established during the marriage is a key factor. The court aims to help the receiving spouse maintain a lifestyle similar to what they had during the marriage. This includes housing, transportation, and other daily living expenses.
Factors that Can Make You Ineligible for Alimony
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Lack of Financial Need
One primary consideration in awarding alimony is the financial need of the spouse requesting it. If the court determines that the spouse does not have a genuine need for financial support, alimony may be denied. This assessment includes evaluating the spouse’s income, assets, and overall financial situation. A significant income or substantial personal assets can lead to a ruling that alimony is unnecessary.
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Remarriage of the Recipient
Another key factor that can disqualify someone from receiving alimony is remarriage. In Florida, if the spouse receiving alimony gets remarried, their right to continue receiving alimony typically ends. The rationale is that the new marriage provides additional financial support, making alimony from the previous marriage redundant
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Living with a New Partner
Cohabitation, or living with a new partner, can also disqualify an individual from receiving alimony. If the court finds that the recipient is in a supportive, cohabitative relationship, it may determine that the financial support from alimony is no longer justified. The specifics of how cohabitation impacts alimony can vary, but generally, shared living expenses and financial interdependence are critical factors.
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Significant Changes in Financial Circumstances
Lastly, substantial changes in circumstances can affect alimony eligibility. If the financial situation of either the payer or the recipient changes dramatically, the court may modify or terminate the alimony arrangement. This could include a significant increase in the recipient’s income, a decrease in the payer’s ability to pay, or other major financial shifts. Regularly reviewing alimony agreements ensures they remain fair and relevant to current circumstances.
Talk to a Divorce Lawyer
It’s clear that navigating the complexities of divorce requires expert guidance and support. At Farber Law, we understand the challenges you may be facing and are dedicated to providing compassionate and knowledgeable representation. Our experienced team in Aventura is committed to guiding you through every step of the divorce process, ensuring your rights and interests are protected. Contact us at (305) 520-9205 for personalized assistance tailored to your unique needs.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated on divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: This blog is provided solely for educational reasons and to provide you with general information and a general grasp of the law, not to provide particular legal advice. By using this blog site, you acknowledge that you and the blog do not have an attorney-client relationship. The Blog is not intended to replace competent legal counsel from a certified professional attorney in your state.