Legal Question in Family Law in Florida
I have been served divorce paperwork from my wife. She is requesting alimony. We have been married for 7 yrs this sept, and she is able to work. Ages are her 40,me 42. My question is i wound up with approx 200,000 in debt. And current income barelys supports that. What are the chances i wouls still have to pay alimony?
1 Answer from Attorneys
You should read the alimony statute for starters. There are numerous factors that are taken into consideration when the court is determining whether an alimony award is appropriate. You can find it at Florida Statutes, Chapter 61.08. Here is an excerpt:
61.08 Alimony.--
(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.
(2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.
(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) 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.
(g) All sources of income available to either party.
The court may consider any other factor necessary to do equity and justice between the parties.