My wife and I have decided to divorce after 11 years of marriage. We have no assets or liabilities other than household belongs

Asked 3 months ago - Highland Beach, FL

There are no children. She is seeking alimony and I need some advice regarding how to determine, if she is entitled to alimony, how much she can ask for and what are the guidelines I can use to agree or not agree to an amount. Also, she has one adult child from a previous marriage living with her that has a full time job and could very well contribute to the rent and utilities once I am gone. Can that be taken into consideration? She recently completed her college degree and has a teaching position now. I am also a teacher at a public school in west palm, but would like to move back to Kansas where my family and friends reside. I currently have no support system in FL and she has her family there. She is quite bitter. The do-it-yourself process has no guidelines on figuring alimony. Help

Attorney answers (5)

  1. Robert P Garven

    Contributor Level 17

    4

    Lawyers agree

    Answered . You need to sit down with an attorney and give him the full picture: assets, debts, earnings, etc. Alimony involves scrutiny of many factors; it can't be short-answered adequately.

  2. Christophe Fiori

    Pro

    Contributor Level 9

    4

    Lawyers agree

    Answered . In Florida there is no presumption in favor of alimony for a marriage of 11 years. The statutes provide little in the form of guidance to determine alimony (unlike the child support statutes) Many factors are taken into consideration when determining an alimony amount. In it's most basic form, the alimony analysis determines one spouses need for alimony and the other spouses ability to pay such alimony. Reaching an agreement between you both on alimony can simplify your case tremendously. Speak with a family law attorney in your area to get a better understanding of your specific case. Some family law attorneys offer a 'flat-fee' for uncontested or simplified cases.

  3. Ronald Michael Zakarin

    Contributor Level 4

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . More information is needed to fully answer this question. Generally speaking, if she is young, able bodied, and educated, other than perhaps some support for a limited period of time, it would not seem she would be entitled to anything long term. The length of your marriage is in the moderate range. The Court could consider some type alimony called "bridge the gap" which would be for a short period of time to meet specific goals. The Court could consider durational alimony which would be alimony for a set period of time not to exceed the length of the marriage. The Court could consider rehabilitative alimony if this is needed to re-educate your wife to get her back into the work force. There would be no set guidelines currently existing for you to look at to ascertain an amount nor duration. In sum, there is no simple answer to this question.

  4. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . It is very difficult to assess alimony questions on this forum. I would strongly recommend consulting with a local and experienced family law attorney to discuss further. As my colleague stated, if resolving the alimony issue is the main concern, then it will greatly assist in simplifying the legal process of divorce because if you are not in agreement, then it is not an uncontested divorce as you listed.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  5. Robin Bogen Roshkind

    Contributor Level 6

    1

    Lawyer agrees

    Answered . Alimony awards are based upon one party's need and the other party's ability to pay. There are also 30 statutory factors a judge considers in determining entitlement to alimony and then the amount. It is best to hire counsel. For more info call Robin Roshkind PA for consultation.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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