Divorcing a Spouse With a Disability: Will I Pay More Alimony in Orlando?

If your ex is now disabled, you might have reassessed the relationship and decided that you want a divorce. Perhaps the spark is gone, or maybe your spouse has become depressed and irritable due to their disability. Maybe their disability means that you can no longer be intimate. Whatever the case may be, you are fully entitled to end the marriage if you wish. But how does your spouse’s disability affect alimony in Orlando?

Florida Has Abolished Permanent Alimony

The first thing you should know is that permanent alimony no longer exists in Florida. As a result, you should not have to face a lifetime of alimony payments, even if your ex is struggling with a serious and costly disability that prevents them from earning income. Eventually, your alimony payments will end.

That said, you could potentially end up paying alimony for the rest of your life if you divorce at an old age and you continue working until you pass away. Florida might only award alimony for a few years after the divorce, but these payments would technically continue for the rest of your life if you pass away within that period. On the other hand, your spouse could pass away before the alimony term expires.

Alimony Depends on Your Ability to Pay

Generally speaking, Florida courts avoid forcing you to pay more than you can actually afford. If you don’t have enough money to support your ex while they are disabled, the court cannot “create money out of thin air” or enforce such a high burden that you become destitute. Even if you can afford to support your spouse through their health challenges, your payments should only last for a limited amount of time.

In addition, a relatively new regulation puts a “hard upper limit” on alimony payments. Regardless of the circumstances, you should only have to pay a maximum of 35% of your net income to your ex in alimony.

Disability Benefits Could Offset Alimony

Note that if your spouse is disabled, they are likely receiving disability benefits. Depending on the type of benefits they’re receiving, this could count as “income” in the eyes of the family court. As a result, their disability benefits could offset your alimony, causing you to pay less.

Your Spouse Might Still Have the Ability to Work

Not all disabilities prevent people from working. In fact, many disabled people go on to have productive and lucrative careers. If your ex is claiming that they cannot work, you might want to investigate these claims further with an experienced lawyer. An independent assessment could help determine whether they are truly capable of working or not.

Can an Alimony Lawyer in Orlando Help Me? 

An alimony lawyer in Orlando can help you assess the implications of divorcing a disabled spouse. While Florida recently abolished permanent alimony, you could face heightened financial burdens while ending a marriage with someone who is now permanently disabled. To learn more about the next potential steps, continue this conversation with Steve Marsee, P.A.

Source:

 leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html