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Am I Going to Have to Pay Alimony After Divorce?

While navigating the Florida divorce process, you are going to have many questions swirling through your mind. After all, there are many big things decided in divorce that can have far-reaching consequences for all parties involved. Alimony, for instance, tends to be a worry for many. Some worry as to whether or not they will receive it and others worry as to whether or not they will have to pay it. Either way, it can be important to prepare yourself for the likely answer to these questions. Let’s take a look at some of the factors that are considered when a court determines whether or not a party to a divorce will be ordered to pay alimony.

Am I Going to Have to Pay Alimony After Divorce?

Whether you will have to pay alimony after divorce will depend on a number of factors. Some factors tend to be more dispositive of this than others. For instance, factors associated with your wages can play a prominent role in the decision as to whether you will be ordered to pay alimony. In fact, the wages of both spouses will be relevant to alimony determinations as will the history behind those relative wages. If, for example, you were the primary earner in the relationship and your spouse stayed at home to care for the children and the household, then this history of the existing wage discrepancy will likely weigh heavily in alimony determinations. In fact, it is likely that in such a situation, the court will award alimony, even if it is temporary or rehabilitative in nature. Rehabilitative alimony is alimony awarded for a certain period of time to allow a spouse to get the education or develop the skills needed to return to gainful employment post-divorce.

The employment situations, even beyond wages, of both spouses will also be considered in alimony award decisions. If a party’s employment situation will be impacted at all by the divorce, then it will likely come up in alimony determinations. For instance, it is not uncommon for spouses to work for each other or with each other. This can understandably become awkward and untenable post-divorce. If the spouses are unable to work together amicably post-divorce, and one spouse will need to find new employment because of it, then an alimony award for that spouse may be likely. Again, such an alimony award is likely to be temporary or rehabilitative in nature so as to support the spouse while they search for new employment.

Division of the assets, the marital home in particular, can also have a significant impact on whether or not you will be required to pay alimony to your former spouse. If you are awarded the marital home, then the court may counterbalance this by ordering you to pay alimony while your former spouse looks for proper housing arrangements. This can be true whether or not you owned the house prior to marriage or acquired it during the marriage. The fact of the matter is that your former spouse adjusted to the standard of living in that home with you and, because that standard of living will change with them moving out of the marital home, alimony may be awarded to help ease the transition.

Florida Family Law Attorneys

If you have questions about alimony and divorce, talk to the knowledgeable team at Bernal-Mora & Nickolaou. We can help guide and support you throughout the divorce process. Contact us today.

About the Author
Andrew Nickolaou, Esq., B.C.S., is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew and his partner, Ophelia Bernal-Mora, Esq., B.C.S., joined forces in March 2016 to form the unique and boutique husband and wife family law team at Bernal-Mora & Nickolaou, P.A. Together, Andrew and Ophelia take a practical and team-based approach to all of their cases and clients to deliver the highest quality experience and representation.
Andrew Nickolaou

Andrew Nickolaou, Esq., B.C.S., is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew also handles record expungements and sealings. If you have questions about this article, contact Andrew today by clicking here.