Monday, March 5, 2012

Proposed Bill Would Make It More Difficult To Award Alimony Based on Claims of Adultery

Hello from the Orlando, FL Law Offices of Jennifer T. Dane!
This week we wanted to discuss some news and topics regarding alimony.  Here's some background:
Florida Statute 61.08 discusses Alimony and how the award is figured in Florida. Unlike child support there is no statutory formula for an award of alimony. There is a two part test that must first be passed before an award can be made, 1. Need of the spouse requesting alimony 2. Ability to pay on the part of the payee spouse. Once this test has passed muster then the court moves on to a list of factors enumerated in subsection (2) of the statute which includes standards of living during the marriage, duration of the marriage, age of the parties, financial recourses… ect. In subsection (1) it states “ The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony…” Because Florida is a no fault state meaning we do not care why you want a divorce or who caused it adultery in only one of many factors that may be taken into consideration when awarding alimony. However the proposed legislation discussed in the article above will make it increasingly difficult for alimony to be awarded based on claims of adultery.
Here is the link to the original article, found on the Orlando Sentinel's online news site:
Please let us know if you have any questions about Orlando alimony or legal services in general!
The Law Office of Jennifer T. Dane, P.A.
2431 Lee Rd.
Winter Park, FL 32789
(407) 260-0500

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