The pending Alimony Reform Bill was recently revised in the Florida Senate. The Committee Substitute provides that in determining the amount and duration of an award of alimony, the court is to consider all of the following factors: (i) the financial resources of the recipient, including the actual or potential income from nonmarital or marital property or any other source of income and the ability of the recipient to meet his or her reasonable needs; (ii) the financial resources of the payor, including the actual or potential income from nonmarital or marital property or any other source of income and the ability of the payor to meet his or her reasonable needs while paying alimony; (iii) the standard of living of the parties during the marriage with consideration that there will be two households to maintain after the dissolution of the marriage and that neither party may be able to maintain the same standard of living after the divorce; (iv) the division of marital assets, including whether an unequal distribution of marital assets was made to reduce or alleviate the need for alimony.
Additionally, the Court is to consider: (v) both parties’ income, employment, and employability (obtainable through reasonable diligence and additional training or education, if necessary), and any necessary reduction in employment due to the needs of an child of the marriage or the circumstances of the parties; (vi) whether a party could become better able to support himself or herself and reduce the need for ongoing alimony by pursuing additional educational or vocational training; (vii) whether one party has historically earned higher or lower income than the income reflected at the time of trial and the duration and consistency of income from overtime or secondary employment; (viii) whether either party has foregone or postponed economic, educational, or employment opportunities during the course of the marriage; (ix) whether either party has caused the unreasonable depletion or dissipation of marital assets; (x) the amount of temporary alimony and the number of months that temporary alimony has been paid; (xi) the age, health, and physical and mental condition of each of the parties, including consideration of significant health care needs or uninsured or unreimbursed health care expenses; (xii) significant contributions to the marriage or to the economic, educational, or occupational advancement of a party; (xiii) the tax consequence of the alimony award; (xiv) any other factor necessary to do equity and justice between the parties.
To speak with a Florida alimony attorney, contact Matthew Lane & Associates, P.A. at (561) 651-7273.