This is the next post in my series on the issue of spousal support in a Florida divorce. My last article discussed our state’s alimony laws in general. It is important to understand that our state divides support into several different types. The type, if any which a Judge will apply to your case will depend on the specific facts of your situation. It is strongly suggested that you speak with an attorney to gain an understanding of your rights and options. In this article I will discuss a topic which can cause confusion for many – the impact of asset division upon the awarding of alimony. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
As I mentioned in my last article, there are several factors which a Court will consider when deciding whether and how to award support. One of those factors is the value of assets with which each spouse will leave the marriage. The greater the purchasing power of a spouse, then the less likely the Court is to view that individual as being in need of assistance. Conversely, the less the purchasing power of a spouse, then the more likely the Court is to view that individual as being in need of support. The issue of asset valuation will not be viewed in a vacuum. Instead, it will be weighed against the other factors of consideration which were spelled out in my previous article.
The foregoing concepts are best explained by way of example. Suppose that a spouse is leaving the marriage without marketable job skills, but will be receiving a substantial amount of cash and other property. Under these circumstances, the Court may not be inclined to grant any type of rehabilitative maintenance if it is reasonable to expect that the spouse can support themselves, while being retrained, without depleting their assets. The smaller the amount of property which one is awarded, in such a situation, increases the chances that the Court will order support. Likewise, if a spouse is leaving a marriage with few assets, and is not immediately capable of re-entering the workforce, then support becomes much more likely. It is strongly suggested that you discuss your particular situation with an attorney as a Judge’s ruling will always depend on the specific facts of the case.
If you or a loved one are going through a Florida divorce then contact my office today to speak with a Melbourne spousal support lawyer. I will use your initial consultation to gain an understanding of your situation and to help you know what to expect from the process. My office prides itself on providing the highest levels of service and we are ready to assist you. Contact us today. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.