Alimony: Need Vs. Ability To Pay, By Sandy Becher

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With over twenty years’ experience as a family law and criminal law attorney, Sandy B. Becher has handled hundreds of cases in and out of the state of Florida. Here, Sandy explains the ins and outs of alimony, as well as the difference between the need and ability to pay.

Often times, the most immediate and direct financial impact of a divorce is the payment of alimony. Alimony is the support paid by the higher-earning former spouse to the other former spouse. Typically, the court takes into consideration many factors when determining if an award of alimony is appropriate and the amount and period of time that alimony is paid.

First and foremost, the court considers the length of the marriage. Generally, the longer the marriage, the greater the argument that it is appropriate to award alimony and the longer it should be paid. Many people believe that alimony is intended to keep the recipient in the same standard of living as enjoyed during the marriage. However, in the State of Florida the legal standard and financial analysis is determining the monthly financial need of the recipient versus the ability to pay of the payor with the purpose of the payor helping the recipient meet their monthly need for the period of time.

There are also different forms of alimony that could be applied depending on different aspects of a marriage in the State of Florida. They vary in amount, duration and form. Often times, alimony can be the most contested aspect of a divorce as both parties are at the peak of their concern for their personal finances moving forward and the consequences could be significant.

It should be strongly noted that there are many different factors to be considered that could affect both the negotiation and litigation as both the payor and recipient of alimony. It is critical to consult with an experienced lawyer before handling these matters. If you need assistance with a divorce or claim for alimony, contact Sandy Becher PA to schedule a consultation.