Susan J. Williams, P.A.

Alimony is also sometimes called spousal support. It's designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony is different from child support. Where child support is a simple mathematical calculation using Florida Statutes Guidelines, alimony is very much in the discretion of the judge.

Can I get it?/Will I have to pay it?

There are several factors a judge considers when deciding whether to grant alimony. Generally, the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties are considered. In general, about the only time a judge will award alimony is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage (19 years is a bench mark for permanent alimony).

Why would I want to pay alimony?

Alimony gets treated differently from child support on your tax return. Alimony is tax deductible to the person who pays it, and included in the taxable income of the person who receives it. Child support, by contrast, is not taxable to the person who receives it and not tax deductible to the person who pays it. That means that when you and your spouse have dramatically different incomes, there may be some tax advantages to using alimony, even if a judge wouldn't ordinarily award it.

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