QUESTION

Regarding alimony on divorce case in FL

Asked on Dec 04th, 2013 on Divorce - Florida
More details to this question:
My husband is petitioning for divorce without child or assets. Now he is threatening me that he'll ask for alimony. Any chance he'll get it? My husband and I have been separated for little over 2 years now. Now he is petitioning for our divorce. He is threaten me with various matters but one thing that got me worried is the alimony. We have been living separately for over a year and we do not have any children or assets together. He is living with his girlfriend and not with his parents or relative. So he is affording the rent and utility. Unfortunately I believe I do have higher income than he does for now. I have a steady job and he does not. However, I am applying for a new job and I'll be in training if I get it. I've searched online about alimony and saw that he can still ask for it but i was not sure if he have any chance of getting it if we go to trial and how much it'll cost me or him for the trial. Thank you for your time.
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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Permanent alimony is normally not awarded for a marriage that is less than ten years.  Temporary alimony can be awarded on any marriage if there is a demonstrated need. Temporary alimony is for a very short period of time such as twelve or twenty four months. Even if the marriage is ten years or longer, the court must determine if there is a need and ability to pay. As for need, the spouse requesting alimony must show that his expenses are greater than his income and thus a demonstrated need. As for the paying spouse, there must be proven income in excess of expenses and thus a proven ability to pay. The decision for alimony is actually more complicated, in that the party seeking alimony may be unemployed or under employed and as such, may have the ability to pay their expenses and is choosing to be unemployed or under employed to support an alimony claim. Conversely the paying spouse may be intentionally under employed or unemployed in order to try and avoid paying alimony. Many times in order to prove an alimony claim there is an expert called in such as a forensic accountant  or CPA to testify as to actual needs and ability to pay, and the other party then calls their own expert to counter. Parties tend to exaggerate their financial statements to show income less than actual and expenses greater than actual.  Further there can be vocational experts called to testify as to one or the other spouses ability to earn based on their education and experience and the job market. A CPA will charge about $5000 to complete an evaluation and testify in court. A vocation expert about $7500 to do an evaluation and testify in court.  As you can see alimony can be very  complex. If your spouse is throwing "alimony" out there it is most likely an idle threat. Actually proving a alimony in court is a difficult and costly task.
Answered on Dec 04th, 2013 at 4:39 PM

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