In Florida, there is currently no specific formula to determine the appropriate amount of alimony a spouse will receive in a Dissolution of Marriage or Divorce action. The court must consider many factors in deciding whether or not to award alimony and the amount and duration of the alimony. One of these factors is the current and previous employment of the parties and the earning capacity of each.
The amount of money each party is currently earning is the most obvious issue to consider within this factor. However, this is far from the only consideration. The court will also consider the earning capacity of the parties, taking into account employment history and skills, education and the age and physical and mental abilities of each party. As well, one spouse may be voluntarily unemployed or under employed earning less than their normal earning capacity. If this can be proven by the opposing party, the court will impute income to the spouse who is underemployed. In other words, the court will choose an amount of earnings that the underemployed spouse should be making and base its decision regarding alimony on that amount.
It is clear that even when considering just this one factor of the determination of alimony, there are complicated issues. That is why it is crucial to discuss your specific situation regarding alimony with a knowledgeable family law divorce lawyer. Call or email our office today to schedule an initial consultation with Attorney Wade P. Luther. We can be reached at (407) 835-9900.