(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.
The court may grant permanent or rehabilitative alimony to either party. The court will typically order periodic payments or payments in lump sum or a combination of both. The court may also consider marital fault, especially adultery when making an alimony award.
The court shall consider all relevant economic factors, including but not limited to: (1) The standard of living established while married. (2) The length of the marriage. (3) The age and health of each party. (4) The financial resources and assets of each party. (5) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment. (6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party. (7) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties.
In Florida, the court may look at marital misconduct (primarily adultery) in awarding alimony. But the strong trend among the courts is not to consider marital misconduct.
One case where the courts might consider it is where one spouse spends marital funds on another relationship during the marriage.
Haley (1995) 649 So2d 332 (adultery may be considered).
Santoro (1994) 642 So2d 86 (not much weight given to adultery, unless it affected the family finances).
After the divorce each spouse is obligated to provide their own health insurance because the divorce terminates the spouse as a dependent for health insurance purpose.
I can not tell wife what she should do because successful agreement require an attorney to be able to review all marital debts, assets, discuss future earning potential, etc... The husband may not have to split his company if it was started prior to the marriage but there are many factors that can affect the division.
However an almost 50% coverage of items that may terminate upon divorce is something to consider. If you can not agree then mediation can be beneficial and less expensive than retaining an attorney.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).