What expenses are supposed to be factored into determining a spouse’s need for an alimony award?

A spouse’s need for alimony in Florida is almost always based on the standard of living during the marriage.  In other words, if you drove a Bentley and taxied around the country on a Lear Jet during the marriage your need for alimony is going to be evaluated differently than someone with the same income and net worth that was frugal and did not spend much money.

Notwithstanding the above, the standard of living during the marriage generally is irrelevant to an alimony analysis if it is apparent from the evidence shown at trial that the parties lived beyond their means during the marriage.  In other words, if you spent more than you earned, your spending should be irrelevant to an alimony analysis and the alimony award should be capped at the paying party’s “ability to pay”.

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