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What You May Not Know About Alimony in the Orlando, Florida Area

The status of retroactive alimony is in flux. If you want to obtain retroactive alimony now, the best practice is to request it and hope for the best. 

Do you know what retroactive alimony is and whether you can request retroactive alimony in the Orlando, Florida area? You can ask for retroactive child support back to the date of separation. However, the judge can only award retroactive child support 24 months back from the date of filing. 

Can retroactive alimony be awarded back to the date of filing the petition for dissolution of marriage? Why is this important? This is important because whether the court can order retroactive alimony means the payee spouse would receive more money and the payor spouse would pay more money. Spouse income can be imputed income in the determination of alimony. This comes into play when one spouse is voluntarily underemployed. 

What is voluntarily underemployment? 

Here are the questions you need to ask to determine if your spouse is voluntarily underemployed:

• Is your spouse making less than they did during the marriage? Why? 
• Has your spouse lost their job from downsizing or no fault of their own? Or did they just feel like not working anymore? 
• If they lost their job, have they been diligently looking for another job? 
• What are they doing to get alternate employment? 
• Is there employment out there where they can make the same money they did at their last job? 
• Are they currently physically and mentally able to do the job they had at their last employment? Or have mental or physical problems caused them to be unemployed?

Some factors that can lead to underemployment may have to do with extenuating circumstances. Asking these questions can help you determine whether they are voluntarily underemployed:

• What if your spouse has been a stay-at-home parent? 
• What if they have not worked in several years? 
• Did you agree that they would stay at home to raise the children? 
• What education do they have? 
• What was the last job they had prior to being a stay-at-home parent? 
• Are there jobs out there they could obtain?

If one party is voluntarily underemployed, then the court will examine the spouse’s recent work history, their degrees and certificates, and earnings for those jobs in the community. Further, you will need to hire a vocational expert to show your spouse is voluntarily underemployed. 

Lastly, the Florida Alimony Law changed, effective July 1, 2023. You can Google Florida SB1416 to see the current alimony law in Florida. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at https://www.annmariegildenlaw.com

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