Alimony can often be one of the most contentious issues during any family law matter. In the State of Florida, there is no set formula for alimony and judges have wide discretion in determining the amount and term of alimony. Although the American Academy of Matrimonial Lawyers has provided a formula for alimony, this formula is merely a guideline and is not followed by most judges. When presenting or defending an alimony claim, it is imperative to know the proper standard and considerations to present to the trial court.
These factors are pursuant to Florida law, and include, but are not limited to:
Further, alimony is based on need and ability to pay. The party requesting alimony must be able to prove that he or she has a need for alimony and that the other party has the ability to pay alimony.
For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater.