Alimony written on blocksThis is the next article in my series on the division of property and debt during a Melbourne, Florida divorce. My last article discussed how the discovery process can be used to prove whether property was marital or separate. It is important that you retain an attorney who is experienced in conducting such discovery. This will help to ensure that you have the evidence you need at trial. In this article I will discuss how the division of assets and debts can impact alimony and spousal support. If you need assistance then call my office today to speak with a lawyer.

Florida Courts consider several factors when deciding whether or not to award spousal support. These factors can include, but are not limited to:

  • The length of the marriage
  • The earning capacity of each spouse
  • The standard of living, of each party, during the marriage
  • The financial condition of each party at the end of the marriage

I emphasized this last factor for a reason. If one spouse is leaving the marriage with a large amount of property then they are typically less likely to require spousal support. Likewise, if one spouse is leaving the marriage with a large net worth then they are more likely to be seen as capable of making support payments. This is why the Court will consider the property and debts of each spouse when determining whether alimony should be paid.

The interplay between property division and alimony is important, given that Florida is not a “community property” state. The fact that our state does not divide property and debts “down the middle” can be of great benefit to one spouse; it may be possible for a single spouse to gain a disproportionate share of the assets and debts. Such a distribution, however, may result in the spouse then being required to pay support. This is just one example of why one should retain representation in such cases.

As a Melbourne divorce lawyer, I am experienced in handling cases which involve the division of property and debts. My office prides itself on providing quality service and we are ready to assist you. 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.