July 15, 2020

Alimony Determination in a Florida Divorce

If you’re getting divorced in Florida, alimony is likely to be involved or brought up in the process. Alimony is court-ordered payments awarded to one spouse through a divorce agreement. In each state, alimony may be determined and paid differently. In the state of Florida, alimony is determined by what the need is and the ability for the other party (spouse) to pay a certain amount. 

 

As of January 1, 2019, alimony is no longer tax-deductible to the person paying the alimony and taxable as income to the recipient in Florida. The individual paying the alimony will no longer receive an off-the-top deduction and alimony will become much more expensive for the individual. In addition, alimony will no longer be counted as income to the person receiving the alimony. 

 

According to the American Association of Matrimonial Lawyers, alimony takes 30% of the payer’s gross annual income minus 20% of the payee’s gross annual income to estimate the alimony. The paying spouse‘s total income including alimony is not to exceed 40% of the combined gross income of the parties. 

 

In the state of Florida, the most important consideration with alimony is that the court will look if the spouse requesting alimony has a need and then determine if the other spouse has the ability to pay all or part of that need. Overall, there is no one formula for alimony in Florida, so the court also takes into consideration the following: 

  • The length of the marriage. 
  • The standard of living set by the marriage, or how each spouse is used to living.
  • Each spouse’s age will be taken into consideration. 
  • The income of both parties.
  • The contributions of each spouse to the marriage through caring for children, household, schooling, work, etc.  
  • The financial resources that each spouse may have available to them. 

In Florida, there are a few types of alimony that can be awarded. You will want to discuss each of the following types of alimony with your divorce attorney:

  • Temporary Alimony
  • Bridge-The-Gap Alimony
  • Durational Alimony
  • Rehabilitative Alimony
  • Permanent Alimony

Need a Divorce Lawyer in Jacksonville, FL? 

It is critical to contact a divorce/family law attorney to evaluate your divorce case and help you figure out how to proceed with alimony.

 

If you think you should receive alimony or that you may have to pay it, your best bet is to meet with a divorce attorney and share your specific situation and set of circumstances. The decision of your alimony is dependent on many factors.

 

William J. Dorsey is a divorce attorney and understands each divorce case is unique. Give us a call and we can help you determine if alimony. 

 

As a Jacksonville divorce attorney with more than 35 years of experience in the state of Florida, Dorsey knows Florida divorce law and how to apply it to get his clients the best possible outcome. He guides his clients through the entire process. 

 

If you are considering divorce, our team would be happy to help you learn more about the divorce process in Florida.  By hiring a divorce attorney, you’re laying the groundwork for a better result, especially if your divorce is complicated. 

 

William J. Dorsey founded the Dorsey Law Firm in 1975 and has practiced family law and tried numerous trials throughout Florida in state and federal courts. 

To request your in-person consultation at The Dorsey Law Firm’s Jacksonville Law Office or if you have any questions, call 904-346-3883 or click our Jacksonville Divorce Attorney page for more information.

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COVID-19 Update

 

As the situation around COVID-19 continues to evolve, we will remain open until further notice. As always, the well-being of our clients and staff remains our highest priority, therefore we have taken precautions recommended by global and local public health authorities to reduce the spread of COVID-19.

 

— We have encouraged our staff to practice social distancing by reducing physical contact with others to ensure we can continue to work for our clients.
— Requiring all client meetings and consultations to be conducted virtually.
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— Our team will continue to fulfill court obligations with the new methods required by the courts as they remain open telephonically.

 

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