Can a Woman Be Required to Pay Spousal Support in Florida?
Spousal support (alimony) is a court-ordered obligation requiring one spouse to provide financial payments to the other after separation or divorce. In Florida, it is based on statutory factors such as need, ability to pay, duration of the marriage, and the parties’ respective incomes and earning capacities. Historically, men have been more likely to pay spousal support after a divorce. With that being, women can and do pay alimony as well. Here, our Boca Raton alimony lawyer provides a more comprehensive overview of the law in Florida.
Spousal Support Laws in Florida are Gender Neutral
Florida spousal support laws are gender neutral. A man can be required to pay or entitled to receive alimony. Along the same lines, a woman can be required to pay or entitled to receive alimony. In the 1970’s Supreme Court of the United States Supreme Court case of Orr v. Orr, the nation’s highest court struck down an Alabama state law that required husbands, but not wives, to pay alimony. The case arose when a husband challenged an order entered under a gender-based statute. The Court applied equal protection principles and held that a sex-based classification that imposed support obligations only on men violated the Fourteenth Amendment. The decision did not eliminate alimony. It required states to administer support laws without regard to gender.
Know the Law for Spousal Support in Florida
Going through a divorce in Florida? You may have questions about spousal support laws. Our state has significant reforms to the law for spousal support in recent years. Here are key points to know:
- There are Several Types of Alimony: Florida authorizes several forms of spousal support, including bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent periodic alimony.
- Key Factors in Marital Standard of Living, Contributions, and Duration: The statute directs courts to consider the standard of living established during the marriage, the duration of the marriage, and each party’s contributions. Contributions include income, homemaking, child care, and support of the other spouse’s career or education. Duration affects both eligibility and length of support.
- The Calculation of Alimony is Case-Specific: In a divorce in Florida, the court calculates net incomes and examines all available financial resources. Evidence includes wages, bonuses, business income, investment returns, and recurring benefits. How much alimony will be required in any given case will always depend on the specific circumstances.
It is important to emphasize that alimony is not awarded in every divorce case in Florida. Quite the contrary, it is only granted in a relatively narrow share of cases. While men are more likely to be required to pay alimony, there are also many women in Florida who pay support after a divorce.
Contact Our Florida Spousal Support Lawyer Today
At Williams & Varsegi, LLC, our Boca Raton alimony lawyers have the knowledge and experience that you can count on. Contact us today to set up a completely confidential case evaluation. From our Boca Raton law office, we handle spousal support cases throughout the region, including in Broward County, Palm Beach County, and Miami-Dade County.
Source:
supreme.justia.com/cases/federal/us/440/268/
