Alimony can play a role in divorce cases. More often than not, it is a point of contention. One side wants alimony. The other side doesn't want to pay. To make matters more complex, there are no absolute guidelines in Florida to dictate when alimony will be necessary and what the amount will be. It is important to have an advocate on your side to ensure that you are treated fairly when alimony payments are determined.

At Schwam-Wilcox & Associates in Orlando, our alimony lawyer will take great care to review your situation and determine whether alimony, also known as spousal support or spousal maintenance, will play a role in your divorce case.

How Alimony Is Calculated

There is a two-pronged test to determine whether your divorce case will include alimony payments. The two questions that need to be asked are: Does one spouse exhibit an actual financial need for alimony? Does the other spouse have the actual financial ability to make alimony payments? If the answer to both of those questions is yes, then your case will move to the factors in the statute to determine if one party should be awarded alimony, the duration and the type.

Answering these two questions may not be as simple as it seems. The answer cannot be based purely on dollar amounts. For example, one spouse may make $200,000 a year and the other may make $50,000 a year. While those figures demonstrate an imbalance, they do not represent a financial need. If the spouse who earns $50,000 spends less than half on cost-of-living expenses, he or she will not likely get alimony. However, if he or she exhausts most of that money and is left with little or no disposable income, alimony may be possible.

After these two questions are answered, matters become even more complicated. While there are no clear guidelines for the calculation of alimony, factors outlined in the statute need to be taken into consideration. It is critical that you choose an attorney who understands the nuances of alimony calculation. We do, and we can protect your interests and take the steps necessary to provide a secure financial future for you after your divorce.

Learn More About Spousal Support

If you need a lawyer to help with any spousal maintenance-related issue, contact us. Call 407-982-2714 or 888-337-5886, or send us an email.