Is Spousal Support Awarded in Every High-Net Worth Divorce Case in Florida?
Are you getting divorced in Florida? If you are part of a high-net worth couple, it is imperative that you understand our state’s rules and regulations for spousal support. Also known as alimony, spousal support is a payment made from the financially advantaged party to the financially more vulnerable party during or after a divorce. Here, our Boca Raton alimony lawyer explains the key points to know about high net worth divorce and spousal support in Florida.
Spousal Support is Not Guaranteed in Any Divorce Case in Florida
In Florida, alimony is not guaranteed to any spouse as a matter of state law. Indeed, it is only awarded in a minority of divorce cases in the state. Still, it can potentially be granted in any divorce. Under Florida Statutes § 61.08), “the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable.“
Spousal Support is More Likely to Be Awarded in a High Net Worth Divorce Case
Although spousal support is absolutely not guaranteed to be awarded in a high net worth divorce case in Florida, it is true that alimony is more likely to be granted when a divorcing couple has significant income or significant assets. Florida courts can consider a wide range of different factors—including the current and future earning prospects of each spouse—when determining if spousal support is appropriate.
Three Things that Make an Award of Alimony More Likely
There are certain factors that make alimony more likely to be granted in a high net worth divorce case in Florida. Here are three of the most notable factors that could impact alimony:
- A Lengthy Marriage: Alimony is more frequently awarded in cases of lengthy marriages. The longer the marriage, the more likely it is that one partner may have become accustomed to a certain standard of living that they cannot maintain alone post-divorce. Notably, the length of the marriage also determines the maximum length that durational alimony can be awarded in Florida.
- Evidence of Career Sacrifices: When one spouse has made considerable career sacrifices to support the other’s career or to manage the household, this is a compelling argument for the award of alimony. These sacrifices can include giving up a lucrative career, relocating for the spouse’s job opportunities, or stepping back from the workforce to raise children.
- Gap in Earning Power: Finally, perhaps the most important single factor in determining whether or not alimony will be awarded in a high net worth divorce is a gap in spousal earning power. Alimony is viewed as a tool to equalize the financial imbalance that can occur upon dissolution of the marriage.
Get Help From Our Boca Raton Spousal Support Lawyer Today
At Williams & Varsegi, LLC, our Florida spousal support attorneys are skilled, experienced, and solutions-focused. Have any specific questions about spousal support? We can help. Call us now or contact our family team online for a fully confidential consultation. With an office in Boca Raton, we provide legal representation in high net worth divorce cases throughout South Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.htmla
