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How is alimony determined in cases when it is awarded?

When it comes to divorce and asset division, many divorcing couples have questions about alimony and how it could affect their finances. The reality is that alimony could be awarded to a deserving spouse in the short or long-term. However, not all Miami couples will figure in any type of alimony payment during their property division. Alimony is only awarded in certain situations when one spouse's financial situation is unfair in terms of the other.

The goal of alimony is to give some financial equality in situations where it may not exist due to a sacrifice on behalf of one spouse in support of the other spouse. This can happen when one spouse keeps the home and family running smoothly, while the other spouse promotes their career and financial growth. Alimony can be awarded to an ex-spouse in the short term, while they work on building up their personal skill set or in the long-term if appropriate. Standard of living, earning wage, degrees and training all play a factor in determining the amount of alimony awarded, if any.

If alimony is awarded after property division is determined, alimony will be mandated by court order. This is similar to child support in that one spouse must make payments every so often to the receiving spouse. The divorce decree will handle the details of the payment amount and schedule. Other aspects can be added to the divorce decree to best fit the specific divorcing spouse's needs.

There is often a lot of anxiety for clients prior to the property division process. Most of this anxiety is relative to the unknown aspects related to the asset division. The goal is a fair and equitable division. This means that both parties should receive what is appropriate given their specific set of circumstances and needs.

Source: family.findlaw.com, "Spousal Support (Alimony) Basics," Accessed December 26, 2016

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