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Florida Alimony/Spousal Maintenance Statutory Factors

Florida statute lays out factors that help determine the type and amount of alimony awarded or whether alimony should be awarded at all. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In determining a proper award of alimony in your divorce, the Florida court shall consider all relevant factors, including, but not limited to:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age, and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets, and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any assets held by that party.

(j) Any other factor necessary to do equity and justice between the parties.

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