Divorce can be a difficult and emotional experience, but it can be even more complicated when it comes to dividing marital assets and determining spousal support. Spousal support, also known as alimony, is a financial payment from one spouse to the other after a divorce. If you are going through a divorce in Florida, it is crucial to understand the factors that a court will consider when determining spousal support, how it is calculated, what happens if you are unable to pay or your ex-spouse refuses to pay, and what options are available to you. In this blog post, we will discuss these important topics and how The Law Offices of Robert L. Bogen can assist residents in Broward county and Palm Beach County with divorce matters.

Factors a court will consider during a Florida divorce - The amount and duration of spousal support depends on various factors, including the length of the marriage, the financial resources and income of both parties, the standard of living during the marriage, the contributions of each spouse to the marriage, the age and health of both parties, and other relevant factors. A court will consider each party's earning capacity, education level, training, and skills to determine if one spouse needs financial support from the other.

How is spousal support calculated in Florida



In Florida, spousal support can be awarded for a set period, open-ended duration, or only for a transitional time. The calculation of spousal support is less clear-cut than child support, and there is no fixed formula for its determination. There are several methods to calculate spousal support, such as the income available to both parties, financial needs of both parties, and the ability of each party to pay. Additionally, the court will take into account both parties' net income, taxes paid, other dependents, and expenses in the calculation.

What happens if I am unable to pay spousal support

In the event that the spouse required to pay spousal support is unable to make payments due to an unexpected change in circumstances, they may petition for a modification to lessen the overall amount of spousal support or to shorten its duration. Examples of substantial changes in circumstances resulting in a spousal support modification may include losing a job or suffering a health issue.

What are my options if my ex refuses to pay spousal support

If your ex-spouse fails to pay their spousal support obligation, you may wish to hire an attorney to file a motion for enforcement. Once a motion is filed, the Court may hold the non-payment spouse in contempt of court, which will result in various penalties, including jail time, wage garnishment, and covering the costs of the attorney's fees incurred in the filing of the motion. However, it should be noted that an attorney may not issue a contempt motion without having first rendered a written notice for the unpaid party to agree upon the delinquent support.

Spousal support is a critical financial support system that may help you transition through a divorce smoothly. If you are thinking about divorce, it’s important to consult an experienced Florida divorce attorney that can advise you on your rights and obligations under Florida law. At The Law Offices of Robert L. Bogen, we provide compassionate and skilled legal representation to our clients in Broward county and Palm Beach County. Our knowledgeable attorneys understand how to navigate the complex and emotional challenges of a divorce case. Contact us today to schedule an initial consultation with one of our experienced divorce lawyers.