How to Get Alimony in Florida

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A judge considers many factors when determining whether alimony should be awarded in a divorce trial.
A judge considers many factors when determining whether alimony should be awarded in a divorce trial. (Image: Jupiterimages/Comstock/Getty Images)

Although Florida is a no-fault state when it comes to divorce, it is still possible for one party in a divorce to be awarded alimony based on the adultery of the other, according to Florida State Statute 61.08. In reality, the court considers many factors when awarding alimony, such as whether one party has a need for alimony, the duration of the marriage and the financial impact of the divorce on each spouse. Alimony can be temporary or permanent, and the court can order periodic payments or payments in a lump sum -- or both. Because of the complexity of alimony laws in Florida, expert legal assistance offers eligible spouses the best chance of winning alimony.

Consult an attorney. Ask friends or family who have experienced divorce for referrals to divorce lawyers who have won alimony for their clients. Call and ask if the attorney offers a free consultation. Explain the details of your case to get an expert opinion of whether or not you’re eligible for alimony. Consult with more than one attorney until you find one with whom you feel comfortable working. Divorce cases can be both time-consuming and expensive.

Gather your financial documents, including your and your spouse’s pay stubs, bank statements, medical bills, rent or mortgage documents and utility bills. Make notes about any expected hardships after your divorce, and gather documents to help prove these hardships. Make a list of your spouse’s known assets, including retirement plans and savings accounts. If you have documents showing that your spouse spends money lavishly in comparison to you, make copies and supply them to your attorney.

Make notes about any emotional or physical conditions that occurred before or resulted from the divorce filing. Suggest an affidavit be obtained from any of your treating physicians stating that your spouse’s behavior has resulted in a condition for which you will need prolonged treatment.

Determine your future earning potential in comparison to your spouse's. Decide if you will require further education or resources in order to match or surpass your spouse’s income.

Tips & Warnings

  • There is no guarantee alimony will be awarded in any case. Always consult an attorney when it comes to matters of family law.

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