Jacksonville Divorce Lawyer Blog
A Florida divorce requires that property, including the marital home, be equitably divided. To determine which spouse will get the marital home or whether the house will be sold; the court looks to a number of factors including the age of the children, if any; the income of the parties after alimony is determined; and the actual value of the home at the time of separation. When the court determines that one party may have exclusive use and possession of the home, which means that the individual with the home will be responsible for the payments on said home either through his/her income or the income established as alimony.
The Court may deem the sale of the home necessary after the oldest child reaches the age of 18; or to sell the home immediately, if there are no children. The party that is paying the mortgage and repairs to the home may be entitled to credit set-off at the time of the sale in accordance with Florida Statute 61.077. The Florida legislature has given ground rules for how to determine the credit to be used as a set-off at the time of the sale, including how to apply said credit when money is actually earned from the sale or when the house is underwater like so many others in Florida.
According to Florida Statute 61.077, the credit or set-off is not automatic, but must be ordered by the Judge or put into the language of the Consent Final Judgment of Divorce. In the absence of the parties having reached an agreement, the court can look at certain factors presented by the parties to determine whether there should, in fact, be a credit or set-off for the mortgage, repairs and other related expenses to the home.
Divorcing in Florida after 16 years of marriage is considered a long-term marriage when determining alimony. Basically, the idea that has been passed down by the Florida legislature is that when parties have been married that long, if there is a need for alimony then that alimony may be needed permanently because the parties had their roles for so long and the needing party will most likely not have time to build a career to be at the same marital lifestyle or even close to it without alimony. The idea is that if a couple chose to have one spouse be a homemaker, then that individual will most likely not be able to go into the workforce and make equal to the spouse that has worked the length of the marriage.
In a divorce, Florida law allows an award of alimony when a need is shown and the paying party has an ability to pay. Florida does not have an alimony calculator like some states, so instead Florida statute indicates factors that are to be used to determine the length of alimony and the court determines the amount based on again, need and ability. When the marriage is a short-term marriage often alimony is not awarded and if it is, then it may be for a brief time. The tricky determination for alimony is when the length of the marriage is between 7 – 16 years, then permanent is often not awarded and bridge the gap (between married and single life, typically 2 years) is not enough time.
Marriage is often an issue of give and take for many couples. When a couple goes through a divorce the give and the take may be brought up in a case of alimony in Florida. A Florida alimony case involves multiple factors, including the give and take during the marriage as it relates to education of the individuals in the marriage. In a Florida divorce, if one party gave up their college education to support the education of the other, then that may be brought up as an issue of the divorce. 
Alimony cases in Florida are determined by Florida statute, but not by a Florida calculation. Since the court is the one to make the overall determination of alimony, the statutes provide certain guidelines in determining what type of alimony will be awarded; the need of the requesting party; and the ability to pay the alimony if awarded. 
Alimony in Florida is determined by the Court without a calculation like they have in some states. Florida law requires the court to make findings of fact from the case as to whether certain factors are met before awarding any form of alimony. In Florida, alimony can be awarded either in bridge-the-gap, rehabilitative, durational, or permanent.
Divorce often comes with concerns for alimony; the concerns are for paying alimony and qualifying for alimony. In Florida, divorce and alimony are controlled by statute. Statutes determine the law associated with everything from qualifying for alimony to how the alimony will be paid.
Florida family law matters such as divorce, paternity and child custody or time-sharing issues are defined by Florida Statute. The statutes provide a groundwork for cases involving family law matters so that the issues may be properly addressed for spouses and the related children. 