When a couple is married, the law presumes that they share everything more or less equally. Even if one earns a much higher income than the other, the spouses pool their resources in order to enjoy a certain standard of living.
But if a couple in this situation decides to divorce, they suddenly create an economic imbalance: The higher-income spouse can go on earning a good living while the other spouse must make do with their lower income. The higher-income spouse can continue to enjoy something close to the marital standard of living now that they are divorced — perhaps living in the same home, driving the same car and so on. Meanwhile, the other spouse can’t afford anything like the home they lived in during the marriage.
Florida’s equitable distribution model of property division is meant to address this imbalance. It requires the spouses to divide their marital property in a way that is not necessarily equal, but fair. It takes into account the income and resources of each spouse, so that the lower-income spouse may receive a greater percentage of the property than the higher-income spouse.
When spousal support is necessary
There are many divorces in which the economic imbalance remains even after the equitable distribution of property. For instance, a generous divorce settlement can help a disadvantaged spouse remain in their home for a while, but eventually their money is going to run out.
Spousal support is meant to address this kind of situation. Under Florida law, the support is generally temporary, meant to last until the receiving spouse can become economically independent. Until they reach that point, the support can help them enjoy something close to the marital standard of living.
That said, there is no simple way to measure a marital standard of living. For that reason, courts tie spousal support payment amounts to the income and economic resources of both spouses.