Fedhaven, FL Divorce Law Firms & Lawyers

There are many factors that a court must consider with regard to the issue of alimony.  Primarily, there must first be a need, as measured by the marital standard of living.  There must also be an ability to pay, without seriously jeopardizing the payor's financial welfare.  Additionally, the court must consider the length of the marriage, the age and physical/emotional well-being of the parties, the financial resources available to the parties and their respective earning abilities, and each party's contributions to the marriage as well as the responsibilities each party may have to the children of the marriage after the divorce.  The court may consider any other factor necessary to do equity and justice between the parties.  Upon considering all these factors, the court will determine whether alimony should be awarded, the type of alimony, and the amount and duration of alimony.  The fact that the marital home is being sold and the parties will each receive 50% of the proceeds is a factor that the court will consider.  The court will also consider the fact that these proceeds will likely be necessary to establish a post-marital residence, and thus would not be available to live on.  Even if the proceeds were available to live on, the court must consider all the other factors noted above as well.  In summary, the court will consider the post-marital financial circumstances of both parties, the relative need and ability to pay of the parties, and any other equitable factor.  The mere fact that you and your husband will be splitting the proceeds from the sale of the house is but a single factor among all the other equitable considerations, and will not disqualify you from obtaining an alimony award. 

Because you purchased the house before the marriage and it has remained in your name alone, it fits the definition of non-marital property. Purely passive appreciation due solely to market conditions, would likewise be non-marital. If you made payments on the house with marital money, the increase in equity would be marital. Similarly, if you made improvements to the property with marital money or marital effort and labor, and the improvements caused the property to appreciate, the appreciation would be divisible. Where there is both active and passive appreciation, the Kaaa case controls how the parties share the increased value. Non-marital property is set aside to the party who is entitled to it. Marital property is equitably divided between the parties. The starting point for the division is 50/50. If 1 party wants more than 50%, the burden is on that person to convince the Court why an unequal distribution would be appropriate. Even if a spouse has children from a previous relationship, the Court lacks jurisdiction to award the non-marital home to someone other than the record owner.