Alimony is an often contentious and misunderstood aspect of divorce cases. Many people think that spouses who seek alimony are being greedy and trying to ruin their spouses financially. This should not be the case, as alimony orders in Florida should be fair for both spouses. Your ability to pay alimony should be an important factor in whether you must provide spousal support and how much you will pay.
Determining Your Ability to Pay
There are two main factors that Florida courts must consider when making alimony determinations:
- The receiving spouse’s need for support
- The paying spouse’s ability to provide support
Balancing these two factors is essential to ensure alimony orders are fair for both the receiving and paying spouse. If paying alimony would leave you unable to properly support yourself, it is not fair that you should be ordered to pay.
Courts should determine your ability to pay alimony by examining your net income. The judge should take your gross income and subtract all of your expenses to identify your net disposable income. This is the figure that should determine whether you earn enough to provide alimony support.
Alimony Modifications
Your ability to pay can change over time, especially if you experience a reduction of income. If your current alimony order is no longer feasible based on your new income level, you can request a modification from the courts. The court should examine your ability to pay based on your new net income and adjust – or eliminate – your alimony obligations accordingly.
Contact a Family Lawyer in Boca Raton Today
It is important to have the right Boca Raton alimony attorney protecting your rights during a divorce or modification case. The law office of Juliana Gaita, P.A., is ready to help, so please call 561.869.3703 or contact us online to discuss your situation.
