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In Florida, alimony is awarded based on the financial need of one spouse and the ability of the other spouse to pay. However, a court must evaluate current financial circumstances rather than rely on past income or speculative future earnings when making this determination. Alimony is determined based on present circumstances.

Alimony Is Determined Based On Present Circumstances

Present Income is Key

Florida law emphasizes that a spouse’s ability to pay must be assessed based on their current financial situation. This means a court cannot base alimony on previous earnings or assume a spouse will earn more in the future.

Speculating on Future Income is Not Allowed

Courts are prohibited from guessing or assuming a spouse’s future earning potential when calculating alimony payments. Instead, they must rely on real-time financial evidence, such as current employment and income levels.

When Can Past Earnings Be Considered?

While prior earnings generally cannot be the basis for alimony, there are exceptions:

• • Voluntary Unemployment or Underemployment – If a spouse is intentionally unemployed or earning less than they could, the court may consider prior income to determine their true earning capacity.
  • History of Income & Career Patterns – If a spouse has a long-standing career with consistent earnings but suddenly claims they cannot work, the court may analyze past wages to assess whether their current unemployment is intentional.

Key Factors in Alimony Determinations

When determining the type and amount of alimony, Florida courts evaluate factors such as:

• The length of the marriage
• The financial resources and assets of both spouses
• Each spouse’s current income and employment status
• The standard of living established during the marriage
• Age and physical/emotional health of both spouses

Get Legal Guidance for Your Alimony Case

If you are navigating an alimony case in Florida, understanding your rights and obligations is crucial. A qualified family law attorney can help ensure that alimony is fairly determined based on current, relevant financial circumstances.

Whether you are the spouse requesting alimony, or the spouse being asked to pay alimony, here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work to help protect your alimony rights.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart when it comes to determining what type(s) of alimony might be granted in your situation and advocating on your behalf to secure the best result possible.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Divorce Attorney Tampa Alimony

In awarding alimony, one of the factors a Court must determine is one of the party’s need for support.

The criteria used in establishing a party’s need for support includes:

– the parties’ earning ability
– their age
– their health
– their education
– the duration of the marriage
– the standard of living enjoyed during the course of the marriage
– the parties’ assets and liabilities.

Whether you are the spouse requesting alimony, or the spouse being asked to pay alimony, here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work to help protect your alimony rights.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart when it comes to determining what type(s) of alimony might be granted in your situation and advocating on your behalf to secure the best result possible.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Alimony Payments Lawyer Tampa Bay, Gary S. Dolgin

In awarding alimony, the Court must determine:

(1) a party’s need for support;
(2) the other party’s ability to pay;
(3) the type or types of alimony appropriate in the case;
(4) the amount of alimony to award.

Whether you are the spouse requesting alimony, or the spouse being asked to pay alimony, here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work to help protect your alimony rights.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart when it comes to determining what type(s) of alimony might be granted in your situation and advocating on your behalf to secure the best result possible.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Tampa Spousal Support Lawyer, Gary S. Dolgin