How Do I Show An ‘Actual Need’ For Alimony In A Florida Divorce? Orlando Divorce Lawyer
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How Do I Show an ‘Actual Need’ for Alimony in a Florida Divorce?


When a marriage comes to an end, a judge may order one spouse to pay alimony – or spousal support – to the other spouse. Florida courts consider a number of factors when awarding alimony in a divorce. One of the factors is one spouse’s “actual need” for alimony and the other spouse’s ability to pay spousal support.

If you are seeking support from your soon-to-be-ex-spouse, there are some things you can do to strengthen your case and show an actual need for alimony. Consult with an experienced alimony attorney in Orlando to help you collect sufficient evidence proving that you need alimony in your divorce.

What do you need to prove to show an actual need for alimony in Florida?

When awarding alimony, a judge will consider all evidence submitted by the parties to determine whether there is an actual need for alimony. There are three things you can do to help you get alimony in your Florida divorce case.

Develop an expected household budget

Under Section 61.08, Florida Statutes, there are at least ten factors that must be considered by judges when deciding whether to award alimony and calculating the appropriate amount of spousal support. Here a few of them:

  • The earning capacities of the spouses;
  • The financial resources of the parties; and
  • The standard of living established during the marriage.

To prove your actual need for alimony, you should estimate the household budget based on the spouses’ earnings, expenses, bills, and bank statements and compare it to your expected household budget following the divorce. If you can show proof that you will need to rely on your ex-spouse’s alimony payments to afford basic living expenses, including rent, household expenses, food, and clothing, you can establish the need for alimony.

Show evidence of marital misconduct

The Florida statute explicitly states that courts “may consider the adultery of either spouse” when determining whether or not to award alimony. Thus, even if you are seeking a no-fault divorce in Florida, you could show an actual need for alimony if you can prove that your ex-spouse had an extramarital affair during the marriage.

You can increase your chances of getting awarded alimony in Florida if you can prove that your spouse (a) committed adultery and (b) spent a considerable amount of money on their lover or to maintain the extramarital affair.

Contact an attorney to establish an actual need for alimony

Given that Florida courts consider all relevant factors affecting spousal support, it’s vital to seek legal counsel from a knowledgeable attorney to help you get alimony.

You should contact an Orlando alimony attorney to conduct a comprehensive and thorough analysis of all relevant factors and gather sufficient evidence to prove an actual need for alimony.

A skilled lawyer can help you build a strong case to convince the judge that you deserve an alimony award and that your former spouse can afford to pay spousal support following a divorce. Schedule a free case review by contacting our lawyers at Arwani Law Firm. Call our offices at 407-254-0060 to discuss your particular case and show an actual need for alimony in your situation.

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