Divorce is hard, whether you’ve been married for just a few years or for decades. Inevitably, there is a sense of having failed, followed by feelings of bitterness, blame, and betrayal. This might lead to a breakdown on the couple’s ability to come to an amicable settlement of property, alimony, and childcare issues.
In such cases, the family courts will step in and decide the alimony for them. This will be based on the lifestyle of the couple during the marriage, their age, the duration of the marriage, physical and emotional capacity of the couple at the time of divorce, and other criteria. If there are any children from the marriage, child support will also be factored in. Other factors like employability, spousal support for the other’s career, and services rendered (such as childcare and taking care of the home) also need to be determined. All sources of income available to them, including tax-changes and other assets will also be used to determine alimony. These assets may include jewelry, cars, vacations, and investments accumulated during the marriage.
In recent decades, the idea of alimony has undergone a huge change. Traditionally, divorces have happened because the husband left, and in essence, broke up the family. The traditional wife was a stay-at-home mom who had no other means of support. So it was decided that the husband had to support her. In the 21st century, however, most of the women are also working. As a result, their employability or earning potential is no longer in question. However, if there are young children who might benefit from the stay-at-home mom, courts do award alimony. In the changing demographics of the family unit, alimony has become spousal support or maintenance.
Family courts across the country have responded to the flux by dealing with the concept of alimony based on the length of the marriage and the standard of living during the marriage. Our social, cultural, and economic changes have also affected the family life, and the interpretation of the breakdown of the same by our courts. There are many who contend that since women are no longer destitute, the idea of alimony should be abolished or vastly curtailed. There have been many discussions and arguments, and it varies by state. Indiana restricts alimony to a maximum of three years, whereas Virginia holds that alimony should be permanent. These are two extreme points of view on the subject, with most states falling in-between.
In Florida, alimony is decided on various factors, such as the length of the marriage and the standard of the marriage. This may include their lifestyle, possessions, vacations, and other factors, which provide a comprehensive view of the couple’s divorce before the couple files for divorce. The Florida family courts also tend to consider the emotional, mental, and physical condition of the couple at the time of the divorce in order to determine the ability to earn and therefore to ascertain the need for spousal support. Most Florida family courts tend to err on the side of awarding alimony, especially in cases where the marriage has been of long duration or where there are minor children involved.
At Kenny Leigh & Associates, we know how hard it can be for a man opting for divorce in Florida. Most family courts tend to favor the woman, which can come at the expense of the man. We at Kenny Leigh & Associates are passionate about bringing relief to the beleaguered men of Florida. We take on only family law cases, and we represent only men. If you are a man in Florida contemplating divorce, visit our offices at one of the following locations: Jacksonville, Boca Raton, Ocala, Fleming Island, Gainesville, and Daytona Beach.