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What role does age play in a family law judge’s decision-making?

On Behalf of | Dec 6, 2019 | Alimony |

Florida is an equitable distribution state. This means that your Fort Myers judge will weigh the contributions each of you made to the marriage when deciding how to split up any marital property that you have. They’ll also carefully weigh what’s in the best interest of your child when making any custody decisions. While family law judges are supposed to only weigh these factors in rendering decisions, the ages of the petitioner and respondent often figure into their decision-making as well.

Age may play a role in a child custody decision that a Fort Myers family law judge renders. This is especially the case if one parent is particularly older than the other. The court may order for a child to remain in the primary custody of the younger spouse if there’s some concern that the older one has some mental or physical health problems that may affect their ability to adequately care for their son or daughter.

Florida judges may also consider a spouse’s age when dividing up marital assets such as the shared home. If a husband or wife is not in good enough health to move residences, then the judge may rule that the older spouse should keep the house. In this case, the court may award other valuable assets to their husband or wife.

It’s also likely that a judge will take into account a spouse’s age when making decisions about alimony. These types of awards are intended to help a husband or wife bridge the gap between walking away from their marriage and becoming gainfully employed.

If one spouse is near retirement age at the time of their divorce, then a judge may be hesitant to award alimony to their younger spouse for an extended period. The court may only offer temporary spousal support long enough to allow the recipient husband or wife enough time to acquire the necessary knowledge and skills that they need to gain to rejoin the workforce and provide for oneself.

Age is one of many factors that play a role in helping Fort Myers family law judges decide what type of spousal support awards to issue or how to handle child custody requests. An alimony attorney can advise you of the factors that a judge considers in these instances and help you devise a strategy that protects your financial interests in your case.


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