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Will a judge award you spousal support?

Ideally, when you and your spouse are negotiating your Florida divorce, you will be able to present your case for spousal support, and your spouse will agree to pay it. If you have sacrificed your career for his or hers, or you spent the last five years as a stay-at-home parent, your spouse should be willing to at least discuss the possibility. 

If not, and you have to rely on a judge to award you the money you need to get back on your feet, here are some things he or she will consider, according to FindLaw:

  • How long your marriage lasted
  • How old you and your spouse are, and your physical and mental health (if, for example, age or a medical condition may make it difficult to re-enter the workforce)
  • Whether you can support yourself and maintain the standard of living you and your spouse enjoyed during your marriage
  • Whether your spouse can afford a reasonable standard of living while paying spousal support
  • How long it would take you to train or gain the education you need to support yourself
  • How much you contributed to the marriage through your services, such as managing the household, supporting your spouse's career or raising your children

Fault doesn't matter when it comes to a Florida divorce; you and your spouse don't need to offer a reason for dissolving your marriage. However, if your spouse cheated, the judge may consider that when deciding whether he or she should pay you alimony.

This information is provided to help you understand spousal support factors in Florida. It is educational in nature, but should not be interpreted as legal advice.

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