Is my brother required to pay spousal support even though his ex works?

Full question:

brother is divorcing his wife of 22 years, no children he is signing over the house and is going to pay the lease on her rental car for 7 mo. and she told he has to pay surport its the law in fla she also has a good job with medical benifets and a salary of fifty thounds plus,so is my brother required to pay spousal support even though she works?

  • Category: Divorce
  • Subcategory: Alimony
  • Date:
  • State: Florida

Answer:

In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In determining a proper award of alimony or maintenance, the court will consider all relevant factors necessary to do equity and justice between the parties, such as the adultery of either spouse and the circumstances.

Other factors the court may consider include:

The actual need;

Ability to pay;

The duration of the marriage;

The age of the parties;

The physical health of the parties;

The emotional health of the parties;

The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;

The earning capacities of the parties;

The educational levels of the parties;

The vocational skills of the parties;

The employability of the parties;

The length of absence from the job market;

The opportunity for future acquisitions of capital assets and income;

The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair; and

Any other factors which the court may deem relevant.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If your name is not on the deed, you may still have rights to the property, especially if you contributed to its purchase or maintenance. In Florida, the court may consider equitable distribution of assets during a divorce, which can include property not solely in your name. Factors like financial contributions and the length of the marriage are taken into account. Consulting with a legal professional can help clarify your specific rights in this situation.