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How does Florida law balance alimony?

While thinking about spousal support, many people worry about the amount of money that they may have to pay or receive. If a spouse must pay too much, divorce could destroy their financial health. If a spouse must receive too little, they would also suffer as bills pile up. How does the state determine the right amount? Florida’s alimony code sets forth a few basic guidelines. While divorce settlements can vary, a family law court relies on this model to ensure a fair agreement between both spouses. First, the court must decide if it should order alimony at all. This decision depends on many factors such as the duration of the marriage, each spouse’s education level and ability to work, their health, sources of income outside of the marriage and the gap between each spouse’s current incomes. Next, if the court orders spousal support, it must figure out an appropriate payment plan. According to the law, the person who receives alimony should not have a higher total income than the one who pays. It would not make sense to award significant support to one spouse who already has more income than the other. Another key consideration is the “standard of living” for the spouse who receives alimony. For example, a wife developed severe chronic nerve pain and depends on shared marital income. Her husband, who makes $170,000 per year, has a greater ability to maintain a similar lifestyle after they divorce. Because the wife expected to share this income, her financial planning did not account for the sudden changes of divorce. A court may decide that she deserves enough alimony to enjoy a similar level of benefits as in marriage. The right amount of spousal support is different for every couple. Ask an experienced attorney if you have concerns about spousal support. Although a settlement can give couples more control over this agreement, it is not always possible to avoid court.

Alimony/Spousal Support

Divorce considerations for children with special needs

Parents of children with mental or physical disabilities know how proper care makes a difference in their lives. Patient teaching, therapy and careful management of the environment might help your child continue to learn and grow at their own pace. Your child’s needs, therefore, might influence a few aspects of your divorce. You and your spouse may have to make decisions and plan according to what would best suit your child. For children with mental or learning disabilities, such as autism or ADHD, this time of change could be upsetting or difficult to understand. You may want to speak to the child’s therapist to figure out how to make the transition as smooth as possible. During the transition, you and your spouse might have to be intentional about avoiding arguments in front of the child. You could also discover that your child may benefit from staying in the same home after the divorce is finalized. Your divorce may also require an extra focus on the long-term. Caring for a child with special needs usually raises the costs of parenting. Expenses may include regular doctor appointments, tutoring programs, caregiver aid, wheelchairs or other medical equipment. The custodial parent is likely to face higher costs over the course of their lifetime. Normally, child support ends once the child turns 18 or graduates high school. However, if their level of ability does not allow them to work, the child may remain dependent on their parents. Special needs child support often extends well into their adult life. Public or private assistance might affect the child support agreement if the child is eligible for benefits in Florida. Divorce is complicated, but even more so when you have a child with special needs. Contact a family law attorney if you have questions about how your situation might affect the divorce. Your options and decisions will likely depend on your child’s unique ability so that disruption is as minor as possible.

Child Support
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