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

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

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Attorney answers 5

Best Answer
Posted

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.

Posted

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.

Posted

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.

Posted

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 not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.

Posted

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.