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How Is Spousal Support Calculated in Orlando, Florida area?

There are no guidelines for spousal support in the state of Florida. The legislature tried to pass a law that would have implemented guidelines for alimony last year, but it did not become law. They will most likely try again next session to enact legislation with alimony guidelines. Most attorneys will tell their clients that have been married the appropriate numbers of years per F.S. 61.08, that alimony is usually between 20 percent to 40 percent of the other spouse’s gross income. Usually the longer you have been married, the better that your argument is to get a greater percentage of the other spouse’s income.

There are different types of alimony:  bridge-the gap, rehabilitative, durational, or permanent alimony. ALIMONY IS BASED ON THE NEED OF THE REQUESTING SPOUSE AND ABILITY TO PAY OF THE PAYOR SPOUSE. You may have a need for alimony. However, does the other spouse have the ability to pay? You are short every month and cannot pay all your bills. Does your spouse have disposable income and savings at the end of the month?

Many attorneys provide their clients with AAML (American Academy of Matrimonial) Guidelines.           This is to give their client an idea of a range the judge may order for alimony.

FS 61.08 is the statute that details alimony in Florida. In Florida, if the marriage is less than 7 years there it is a short- term marriage and there is a good chance you will receive no alimony. Between 7 years to 17 years is a moderate term marriage, you are in the gray area. Your attorney will argue the case law. For marriages of 17 years and over you are in a long- term marriag:

1. The standard of living during the marriage.
2. The duration of the marriage.
3. The age and physical and emotional condition of each party.
4. The financial resources of each party, including the nonmarital and martial assets and liabilities distributed to each.
5. The earning capacities, educational levels, vocations skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
6. The contribution of each party to the marriage, including but not limited to, services rendering in homemaking, child care, education, and career building of the other party.
7. The responsibilities each party will have with regard to any minor children they have in common.
8. The tax consequences to both parties of any alimony award, including the designation of all or apportion of the payment as nontaxable, nondeductible payment.
9. All sources of income available to either party, including income available to either party through investments of any asset held by the party.
10. Any factor necessary to do equity and justice between the parties.

If you have further questions regarding alimony, you may contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at 407-732-7620.

This article is for informational purposes and does not form an attorney client privilege.