Is marital fault considered in Florida alimony laws?

Examples of alimony modification Florida forms include petitions to modify the alimony awarded by the court.  The party bringing the petition must also present evidence as to why the modification is needed.

The factors for awarding alimony in the state of Florida include the following factors:

• Marital lifestyle
• Duration of the marriage
• The ability to pay and the need for alimony
• The ability to work and earning potential
• Special needs due to any children
• Any other factors that the court considers to be important to the divorce case

Marital fault is not considered to be grounds for a divorce in the state of Florida; however, marital fault can be relevant to other determinations that the court will make during the dissolution process. 

Therefore, neither party has to be at fault in order for a divorce to be granted, but the court can use any and all actions by both parties in order to determine who gains child custody and alimony payments. 

The duration of the marriage is important to whether alimony payments are granted in the state of Florida.  Marriages over 14 years will normally result in alimony payments for one spouse.  Marriages under 7 years will normally result in no alimony payments for either party because the marriage is considered a short-term marriage.  Marriages between 7 to 14 years will be determined on a case-by-case basis as to whether alimony is awarded or not. 

Talk to a Florida family law attorney for a case review and for attaining legal advice regarding your options under Florida family law and Florida alimony laws.