How Being Diagnosed With a Disabling Condition Affects Alimony in a Fort Lauderdale Divorce
Being diagnosed with a disability can upend every area of your life. It strains your relationships, increases the risk of a breakup, and can change the outcome of a Fort Lauderdale divorce.
One of the biggest considerations in a divorce when one of the parties is disabled is alimony payments. Our experienced Fort Lauderdale divorce lawyer explains how Florida law applies in these cases and ways to protect your financial future.
How Florida Law Treats Disability When it Comes to Alimony
The Centers for Disease Control and Prevention (CDC) reports that nearly a third of all Florida residents suffer from disabilities. They can result from injuries, illnesses, or chronic medical conditions and impact every area of your life, including your marriage.
If you are disabled and going through a divorce in Fort Lauderdale, key factors that impact alimony decisions include:
- Under Section 61.08 of the Florida Statutes, courts consider each spouse’s age, physical, mental, and emotional condition when determining whether to award alimony and in what amount.
- Courts weigh whether the disability is expected to be temporary or permanent, which directly affects the type and duration of any award.
- A judge will consider your prior contributions to the marriage, both financial and otherwise, before your disability.
- Medical expenses associated with a disability factor into your demonstrated financial need.
If you are completely disabled, alimony can provide a lifeline after a Fort Lauderdale divorce. If you can perform any work, it can also help in gaining the skills or knowledge needed for a new role.
Take Steps to Protect Your Financial Future If You’re Disabled and Going Through a Divorce in Fort Lauderdale
Disability introduces a layer of uncertainty into divorce negotiations. Future medical costs, evolving care needs, the possibility of improvement or decline, and the interaction between alimony and public benefits programs like Social Security Disability Insurance all deserve careful consideration before you agree to any settlement terms.
Documenting your condition and its impact on your earning capacity is essential. Take these steps to protect your rights:
- Get a firm diagnosis from your doctor and gather medical records detailing your condition, as well as any testing or treatment.
- Request a vocational assessment if your earning capacity is in question.
- Review any Social Security or long-term disability benefits you receive to determine how they factor into the alimony calculation.
- Consider a lump-sum settlement, which may better protect your long-term financial needs than periodic payments, which are subject to modification.
Getting the total amount of alimony you are entitled to in a Fort Lauderdale divorce goes a long way towards protecting your financial future.
Contact Our Experienced Fort Lauderdale Divorce Lawyer Today
When disability is part of your divorce, the financial decisions you make today have consequences that stretch far into the future. To protect your rights and get what you are entitled to in a settlement, reach out to Vanessa L. Prieto Law Offices. For caring support and trusted legal help, contact our office and request a consultation today.
Source:
flsenate.gov/Laws/Statutes/2025/0061.08
