A common concern of those who have been a stay at home parent is if they are able to continue in this role once their divorce case has been finalized. Nearly 20% of parents fulfill the stay at home parent role. For a party to a marriage that stayed at home, he or she may have been out of work for a significant period of time, or he or she may not wish to obtain a job outside of the home. In this view, they may be worried that they will be unable to support themselves financially once the divorce case is complete.
In Florida, spousal support, also known as alimony, is awarded on a case-by-case basis after a consideration of a party’s needs and the other party’s ability to support their needs. When a spouse has been a stay at home parent, he or she has been absent from the workforce, which is why it is clear why they would have a deficit between their income and necessary expenses. With such a deficit, the court may find that there is an apparent need for spousal support. However, the court must also establish that the other party has the means necessary to support this need.
If this initial threshold has been met, the court will then examine a number of different factors provided in Florida Statutes Section 61.08 which include the following: the length of the marriage, the standard of living established, the age and health of the parties, earning capacities, and contribution of each individual to the marriage, which includes child care and homemaking.
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