Does How Much Income & Assets Each Party has Affect Alimony?
In determining alimony, F.S. 61.08(2)(d) requires the court to consider “the financial resources of each party, including the non-marital and marital assets and liabilities distributed to each.”If both parties have approximately the same income and assets at the time of the divorce, the court may determine that alimony is not justified. Even if the paying party demonstrates a great financial ability to pay, alimony should be restricted to the needs of the receiving party. Although the court will consider marital and non-marital assets, the paying spouse should not be required to sell assets in order to fund alimony payments. This principle applies equally to the receiving spouse, as he/she should not be required to sell assets in order to be self-supportive.