Have you ever consider how courts arrive at the type and amount of alimony they grant? In this article, our family law practice in Orlando will educate you on how the process works before the court. This would help you to prepare better and also help you through the entire process.
The courts and alimony
Before a court makes the final decision to award alimony or maintenance, it would first consider by determining if either of the party seeking the award needs alimony or support. The court would also think whether or not either party to the case is capable of paying maintenance or alimony.
If the court is satisfied that one party genuinely need the alimony sought, and also that the other party is capable of meeting the payment, the court shall, subject to subsection (5)-(8) determine the type and amount of alimony by taking into consideration relevant factors.
The factors include but not limited the followings:
- The prevailing standard of living during the consummation of the marriage
- How long the marriage lasted
- The physical, emotional and age condition of both parties
- The financial base of the parties involved, including marital and non-marital assets and liabilities, shared among both parties
- The educational levels, earning capacity, employability and vocational skills of each party will also be considered. Where applicable, the duration needs for one or each party to complete adequate training or education so that such a party can find paying employment.
- The responsibilities applicable to each of the parties regarding the custody and well being of any minor children they both have.
- The various contributions each party has made to the marriage would also be considered by the court. Typically, this will include, but not limited to, child care and maintenance during the marriage, services rendered in making the home, career and education building of the other party.
- How the parties would handle the issue of tax and the consequences from that place if any alimony is awarded by the court. Such consideration would also take into account whether a portion or all of such payment should be nondeductible or nontaxable payment.
- In making the final decision to award any alimony, the court would also consider the types of sources of income that is available to one or both parties. The consideration will also include any income available to one or each of the parties as a result of an investment of any asset (tangible or nontangible) held by that party.
- Lastly, the court, while using its discretion, may consider to factor in any necessary point of consideration that would further the cause of justice and equity between the parties concerned.
Speak to the foremost family law practice in Orlando today
From the preceding, it is clear that a party to a divorce proceeding seeking an award of alimony can only have his/ her way depending on what the court thinks. If you have any issue or you wish to claim maintenance, consult Frank Family Law, your preferred family law practice in Orlando and our experienced divorce attorneys in Orlando would professionally handle your case.