Determining the Ability to pay Alimony

When deciding on whether or not to award alimony, Florida courts must first determine whether one spouse has a need and the other has the ability to pay.  Courts want to ensure that alimony payments are as fair as possible to both parties.  A court will look at several factors when determining a spouse’s need for alimony.  It will examine the requesting spouse’s earning ability, age, health, education, duration of the marriage, living standard during the marriage, and the assets of the both parties.   When looking to a spouse’s ability to pay, a court will focus on net income.  It is wrong for a court to look to gross income.  Alimony should be based on the payor’s net disposable income by deducting expenses from gross receipts.  A court may also consider past earnings and earning potential.  In the end, all sources of income that are available to both spouses will be used when figuring out alimony.