How does a spouse’s earning capacity affect spousal support in Florida?
The spouse’s incapacity comes into play after proving your need for that alimony. Once that is proven, then you move into the second prong, which is their ability to make that payment. If your spouse is not working, or voluntarily underemployed or unemployed, you have to prove to the judge or to the court what is, exactly how much they could or should be making. At that point, the judge will make a determination on what spousal support is going to be and how to impute income to your spouse.