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Frequently Asked Questions

We’ve outlined some frequently asked legal questions and answers from our attorneys to help you better understand your rights and our firm’s approach to representation. The information below is provided for general informational purposes only and does not create an attorney–client relationship.

Personal Injury Law FAQs

Our Personal Injury FAQ covers the most common questions people have after a car accident, slip and fall, or injury. It explains your rights, how the claims process works, and what to expect when a personal injury attorney handles your case.

Should you contact a lawyer before speaking with your insurance company or the insurance company of the person that hit you?
Yes, in some circumstances you may have a claim against both parties so it’s important to speak with a lawyer before giving any statements.
Find the same year, make, model and similar mileage for sale in a 100-mile radius and save three listings to provide to the property adjuster assigned to your case.
Yes, most firms have support staff receiving intake calls who cannot provide legal advice. Our firm ensures you speak with an attorney right away on your personal injury claim.
Yes, document everything you can. This includes the vehicles, the scene etc.
Yes! Witnesses are key. Obtain their contact information and what they saw. This could help later on if liability is disputed.
Yes, take pictures of any bruising, swelling, redness, cuts etc.
Yes, this is important. The police will help document what happened and show who was at fault. This is crucial in your case.
Yes, it is helpful to keep the shoes you were wearing in the fall.
Yes, take pictures and videos if possible to show what caused your fall.
Yes, get a copy of the incident report. If they cannot give you a hard copy, take a picture of the form.

Yes! If they show you the video of the fall, ask if you can take a video of it on your phone.

Generally, no. The only thing you can speak with them about is the property damage. If they ask about injuries or medical treatment, tell them you need to speak with your lawyer before talking with them.
Generally, no. It is best to speak with a personal injury lawyer first about the case. Most of the time, insurance companies are trying to pay you as little as possible so that the case will be deemed “settled” and you cannot ask for more if your injuries get worse.
Absolutely. A personal injury lawyer with trial experience is a must, as it will ensure the insurance company takes your case seriously.
Yes, absolutely.
Absolutely. Fighting an injury case on your own is an uphill battle which is highly likely to be un-successful. Obtaining a seasoned personal injury lawyer with courtroom and trial experience is a must to ensure you recover the actual value of your case.
If an attorney gives you specific numbers early on, it is likely just a sales tactic. There are a numerous factors that can materially influence the amount of your recovery throughout the course of your case. Here at Woolsey Morcom, we go above and beyond the competition to provide your case with the boutique care of a small firm, while we utilize large-firm resources, as we seek to maximize your recovery.
If you can, immediately take pictures, call law enforcement, and exchange information with the at-fault driver. Be mindful of who you speak with, and what you say. You should immediately seek medical treatment if you are injured, and contact an attorney.
That can vary. Ordinarily, probably not, but if you have concerns that you could become a party to the case because one side or the other would sue you, or a third party would sue you because of what your testimony is, then it absolutely can make sense to have a lawyer. Also, if there’s any criminal implications to your testimony, you absolutely want to have an attorney. If you’re not sure, talk to a lawyer and the lawyer can help you figure it out.
It depends on each case’s facts and circumstances. Most doctors can’t determine future outlook until about six months minimum after an accident. If a lawsuit is filed, cases can last well over one year before resolution.
There’s something called the best evidence rule. In Florida’s evidence code, it requires that originals are used, although, in reality, the code explains the only time that originals are needed are, generally speaking, original promissory notes reflecting a promise to repay funds, and in the instance that someone has passed away, the original will.
Information gathering about the accident, who has information and how to contact them, medical treatment, past injuries, roadmap, typical timelines, how the process works, and answering questions.
Florida does not require auto owners to carry liability insurance if they cause someone injury in a crash. Therefore, every Florida auto owner should carry some UM/UIM coverage to protect themselves. This allows you to still recover your damages if injured you are in a car accident that is not your fault.
If you are injured in a Florida car accident case and have been found to have a permanent injury, you are entitled to recover non-economic damages in addition to your medical bills and lost wages. Pain and suffering is one of the categories of the non-economic damages that you can recover. Some of the other non-economic damages that you can recover are emotional distress, loss of enjoyment of life, disfigurement and scarring and inconvenience.
In Florida, you must prove that the other driver is at least 50% at fault to recover any damages from the other driver. This is why it is very important to retain an attorney soon after your car accident to investigate and preserve evidence.
In Florida, the owner of the vehicle can also be responsible for your damages in your car accident case. Additionally, the at-fault driver’s employer could be responsible for an injured party’s damages if the at-fault driver was driving a company vehicle.
You can recover economic and non-economic damages in Florida if you prove that another party was negligent in causing your injuries. Economic damages are past and future medical bills and lost wages. Non-economic damages are the intangible, human damages such as pain and suffering, emotional distress, inconvenience, loss of enjoyment of life and diminishment of earning capacity.
When do I need to file my Florida personal injury case by?
The statute of limitations in Florida for personal injuries cases is 2 years. Therefore, you must file your Florida personal injury case within 2 years of the accident date. If you do not, then you are barred from pursuing your personal injury case.
This will depend on your goals, insurance coverage, and the complexity of your case. Some cases can be resolved in just a few months, but courts today are setting cases out for trial within 12-18 months. While we are a trial and litigation firm, most cases settle before trial.
No. Let us handle that.
We provide a boutique-style service with large-firm resources. Our attorneys have extensive trial and courtroom experience, and are not afraid to litigate a case in order to maximize your recovery. Our trial attorneys are former state prosecutors and former insurance defense attorneys. Insurance companies are aware of this when we go up against them.
Yes!
Yes, under Florida’s PIP law
Yes, these are INJURY cases. Not inconvenience cases.
It depends on a number of factors, but the longer the case and treatment progresses the more valuable it is usually.
This is a case by case bases but damages such as medical bills and out of pocket expenses are strong indicators.
It depends on the specific facts and circumstances of your case. Each case is different, each person is different, and each person may respond to trauma or medical treatment differently than someone else. Our attorneys work with each client based on the specific facts and circumstances of his or her accident and his or her life.
Sometimes the at-fault driver doesn’t carry bodily injury liability coverage. There are other ways to collect money, such as uninsured or underinsured motorist coverage. We exhaust all avenues to determine if there is insurance coverage available, which gives clients the best chance of financial recovery to compensate them for their injuries.
Yes, just because surgery is not required does not mean someone is not seriously hurt or entitled to damages for medical treatment and pain and suffering.
Many times, yes. The amount of property damage is certainly relevant and something to consider, but there are many other factors affecting the extent of injuries someone sustains in a car accident. People can unfortunately be injured from car accidents that do not show much visible property damage.
Most likely yes. Hospital X-rays and CT scans often only search for fractures and life-threatening injuries. Many things like disc herniations may not show up. There are different ways to assess injuries, including MRIs and physical examination.
We typically prefer clients do statements with an attorney present. Recorded statements are often poorly transcribed and questions (usually over the phone with an insurance adjuster) can be vague or difficult to understand.
Yes, insurance companies assess risk. If they know the lawyer has trial experience and success, it means more risk for them. If they know the lawyer will never take a case to trial, it is less risk for them.
In Florida personal injury cases, attorneys take the cases on a contingency fee contract meaning the attorney only gets paid when the case settles. The attorney gets 33.33% of the settlement if the case settles before filing an actual lawsuit. If an actual lawsuit is filed and answered, the attorney gets 40% of the settlement or verdict. The attorney never gets paid in a personal injury case unless the case is settled or a verdict is obtained.
The attorney typically pays the costs up front and as they accrue in the case, but the costs will come out of the client’s share of the settlement/verdict when the case is resolved. The client will never have to pay back the costs unless there is a settlement or verdict.
In most Florida jurisdictions, mediation is mandatory before you can go to a jury trial. Mediation is a process where all of the parties and their lawyers meet with a court-appointed neutral mediator to try to settle the case. Mediation is often very effective in resolving cases or at least leading to further negotiations to settle the case.
You must prove that a business or landowner was negligent in creating the condition that caused your fall. Specifically, a business owner in Florida has a duty to maintain its premises in a reasonably safe condition and a duty to warn of a dangerous condition that they knew or should have known about. An injured party cannot recover damages just because they fall at a business or on someone else’s property. Negligence must be proven.
 If you have any pain or have been injured after your car accident, you should go to a doctor for a medical evaluation right away. In a Florida car accident, you must get treatment within 14 days of your accident in order to have your no-fault PIP benefits pay for your treatment. In Florida, your PIP benefits on your own car insurance policy will pay up to $10,000 at 80% as long as you start treatment within 14 days. In Florida, you must go through your own car insurance first for payment of your medical bills. Your health insurance will not pay until your PIP benefits have been exhausted. Therefore, it is very important that you report your car accident to your own car insurance company right away. They will give you a claim number right away which you then need to give to any and all doctors that you treat with for your car accident injuries.
The statute of limitations in Florida for personal injuries cases is 2 years. Therefore, you must file your Florida personal injury case within 2 years of the accident date. If you do not, then you are barred from pursuing your personal injury case.

Although your injury case may require us to file a lawsuit in Court, that does not mean it will be going to trial. The vast majority of personal injury cases settle in litigation, whether that be at mediation or during the negotiations that occur during litigation.

Criminal Defense Law FAQs

Our Criminal Law FAQ breaks down the most common questions about arrests, charges, and your legal rights. It also explains how the criminal court process works and what you can expect when working with a criminal defense attorney.

During a traffic stop, if I am ordered by the officer to exit my vehicle, am I compelled to do so?
Yes. An officer can order you to exit the vehicle, absent any reasonable suspicion of criminal activity.
Depends. If you haven’t been drinking and you do not have any controlled substances in your system, then yes. Most important thing is to know the ramifications of refusing to provide breath/urine.
No. Miranda is only needed for custodial interrogation. If you are not in custody, or there is no interrogation, then there is no need for Miranda to be read.
For the most part, yes. You have no duty to retreat in your home.
Depends on personal characteristics (height, weight, frequency of drug use), but for the most part, marijuana will be out your system in 4-6 weeks (if a regular user), cocaine usually about 2-7 days, again depending on frequency.
Every felony charge has a numeric level and point value. Your prior history is scored along with your current charge(s). Additional points can be added if you were on probation, pretrial release, if a person was injured, if a firearm was used in the commission of a crime, etc. The lowest permissible sentence is based on a computation of these numbers/points.
Yes. Pursuant to the downward departure statute, a sentencing judge can depart from the guidelines, so long as there is a statutory basis to do so.
Every person arrested for a crime under Florida law has a right under the Florida Rules of Criminal Procedure to be taken before a judge (or other judicial officer) within 24 hours of arrest. This is commonly referred to as First Appearance.
In some cases, the arrested person may be released before the First Appearance by posting bond through the clerk of court or using a bail bondsman. Some criminal charges, such as DUI, require a mandatory time period to elapse before posting bond to ensure the individual is no longer under the influence and their normal faculties are no longer impaired.
The Florida Rules of Criminal Procedure govern pretrial release. Unless you are charged with a capital offense like First Degree Murder or an offense punishable by life imprisonment, and the proof of guilt is evident or the presumption is great, every person charged with a crime shall be entitled to pretrial release on reasonable conditions.
 If, at or before First Appearance, your attorney is unable to get you released on your own recognizance (meaning you will be released from jail without having to post any bond) and a judge sets your bond at a certain monetary amount, there are two ways to post bond.

The first is paying the full bond amount into the registry of the clerk of court in the county where the crime occurred. For example, if you are arrested for Possession of a Controlled Substance, and the judge sets your bond at $5,000.00 at First Appearance, you can pull the full $5,000.00 into the clerk of court registry, and you will be released from jail. Once your case concludes, any court or related fines or fees are taken out of the $5,000.00 cash bond you paid, and the rest is returned to you.
No. In most situations, prosecutors are in control of whether the charges are dropped or dismissed. Judges do not have the authority to dismiss a criminal case against a defendant unless that dismissal comes at a motion hearing or at the judgment of acquittal stage of a trial, which gives the judge the authority to dismiss all charges against a person before the jury deliberates the case if the prosecutor did not present sufficient evidence under the law of the crimes charged.
In Florida, if you are convicted of a crime that does not carry a mandatory minimum sentence under Florida Statute 775, in most circumstances you only have to serve 85% of your actual sentence as long as you have good behavior and earn your gain time. Gain time is a certain number of days knocked off your sentence each month to reward inmates for good behavior.
In Florida, a “wet reckless” refers to a plea deal where a DUI charge is reduced to the criminal offense of reckless driving, specifically when the reckless driving is related to alcohol or drugs. This option is often pursued to mitigate the harsher criminal and financial penalties and license suspension penalties associated with a DUI conviction. In most circumstances, a reckless driving disposition results in a withhold of adjudication – meaning no criminal conviction, no points on your license, reduced insurance premium increases, and you can seal it when your case concludes if you have no other criminal convictions.
Although this seems like a great deal instead of entering a plea to DUI, make sure you hire an experienced lawyer before making your decision, and that all other legal options are first exhausted to ensure there are not evidentiary or other legal issues that may result in the State dismissing the charges outright.
In Florida, every person charged with a crime has the right to a trial within a certain time frame, depending on whether the charge is a misdemeanor or a felony. This is called the right to a speedy trial and is governed by the Florida Rules of Criminal Procedure.
If the charge is a misdemeanor, the person charged with a crime shall be brought to trial within 90 days of arrest.
If the charge is a felony, the person shall be brought to trial within 175 days of arrest.
Certain procedural actions will waive a person’s speedy trial rights, such as a defendant filing a motion to continue the trial if they need more time to investigate the case, engage in additional discovery or depositions, etc. Even if speedy trial rights are waived, a person can still demand a speedy trial by filing the appropriate motion, which triggers a 60-day time period in which that person’s case must be tried.
Field Sobriety Exercises, sometimes called Field Sobriety Tests, are a series of physical tests police use to determine (in their minds) whether a driver is under the influence of drugs or alcohol to the extent that their normal faculties are impaired. These exercises typically include the Horizontal or Vertical Gaze Nystagmus examination where the police have the suspect follow a small light usually at the tip of a pen like object to observe the angle of horizontal or vertical nystagmus onset, the Walk and Turn exercise where the person is directed to walk along a piece of tape laid down by police or a parking space line (or, sometimes, an invisible line that doesnt exist at all), the One Leg Stand exercise where the person stands in place with one leg lifted and counts to 30, the Rhomberg Alphabet exercise where the person is directed to close their eyes, tilt their head back, and recite the Alphabet, and the Finger to Nose exercise where the person stands with their eyes closed and, at law enforcement’s direction, attempts to place their right or left hand finger to their nose.
It is important to note that Field Sobriety Exercises are not “pass or fail,” and the police typically look at the totality of the performance and make their decision from there. It is typically not the decision the driver wants.
Field Sobriety Exercises are not mandatory under Florida law, and a refusal to perform them does not (in and of itself) result in a license suspension, unlike a refusal to submit to a lawful breath or urine sample after being arrested for DUI.
What factors or considerations do judges take into account when deciding what bond to give a person arrested for a crime?
In determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court may consider the nature and circumstances of the offense charged and the penalty provided by law; the weight of the evidence against the defendant; the defendant’s family ties, length of residence in the community, employment history, financial resources, need for substance abuse evaluation and/or treatment, and mental condition; the defendant’s past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings; the nature and probability of danger that the defendant’s release poses to the community; the source of funds used to post bail; whether the defendant is already on release pending resolution of another criminal proceeding or is on probation, parole, or other release pending completion of sentence; and any other facts the court considers relevant.
Unless the defense attorney and state prosecutor agree on a bond, the First Appearance court will hear input from both sides and then determine what bond to set. It is critical to ensure that you hire an experienced criminal defense attorney before the First Appearance court to ensure the best possible conditions of pretrial release.
In Florida, Miranda rights, derived from the landmark U.S. Supreme Court case of Miranda v. Arizona, ensure that individuals understand their constitutional rights when in police custody (meaning you are not free to leave or believe you are not free to leave) and being interrogated about a crime or criminal investigation.
These rights include the right to remain silent, the understanding that anything said can be used against the suspect in court, the right to have an attorney present when and before answering any questions, and the right to have an attorney appointed if the suspect cannot afford one.
Although there is no law that requires police to read a suspect or arrestee Miranda rights at any time, if these rights are not read before interrogation about a criminal offense or criminal investigation while a suspect is in custody, any statements made by the suspect may be inadmissible in court.
A common misconception in criminal law is that when criminal charges are dropped or dismissed, that automatically means that the person’s record is sealed or expunged. In most cases, even if your charges are dismissed or dropped by the State Attorney’s Office, everything, such as your arrest and booking report and all the information about the case on the clerk of court website is still a public record that is accessible to anyone unless you take the extra step of getting your case expunged.
In Florida, if the outcome of your criminal case results in what is called a withhold of adjudication (meaning that you did not actually get convicted of the criminal offense), and assuming you do not have any prior criminal convictions on your record from anywhere at any time after you turned 18 years old, you are legally eligible to seal your case. Certain types of crimes cannot be sealed even if you receive a withhold of adjudication (such as Domestic Battery). Sealing removes any information about your case from the public eye, but the “physical” file is still retained by the clerk of court.
 If the outcome of your case resulted in a dismissal of all charges or the prosecutor dropped all charges against you, and assuming you do not have any prior criminal convictions on your record from anywhere at any time after you turned 18 years old, you are legally eligible to expunge your case, no matter what the charge or charges were. Expunging a case means that the “physical” file is destroyed by the clerk of courts, all information is removed from the public eye, and, if your case is successfully expunged, you are lawfully allowed to answer “no” on any job, housing, or other application that asks if you have been arrested for a crime before.
 The sealing and expungement processes are quasi-administrative and are initially handled by the Florida Department of Law Enforcement (commonly referred to as FDLE) and the criminal court that handled your case initially.
 Hiring an experienced criminal defense attorney to handle your sealing or expungement request is critical. A case is not sealed or expunged unless and until the criminal court signs an order granting your request.
In Florida, the police do not have to make an arrest, handcuff, and take every person who they believe committed a crime to jail. For some types of non-violent criminal offenses, such as Petit Theft, Possession of Less Than 20 Grams of Marijuana, or No Valid Driver’s License or Driving While License Suspended or Revoked, law enforcement can issue you a criminal citation (commonly referred to as a Notice to Appear or Summons) which requires a mandatory court appearance instead of being handcuffed and taken to jail. It still means you have been cited for a criminal offense and you must go to court.
It depends. If you have a prior felony conviction, and your rights have not yet been restored, you are prohibited under Florida law from possessing a firearm in any capacity. Other legal impediments to firearm possession also exist. For example, if you have an active restraining order (commonly referred to as an injunction for protection) entered against you, if you have been involuntarily committed to a mental health institution in the past, or you are currently charged with a criminal offense and a condition of your bond is that you cannot possess any weapons, you cannot possess a firearm.
It depends. If you have a prior felony conviction, and your rights have not yet been restored, you are prohibited under Florida law from possessing a firearm in any capacity. Other legal impediments to firearm possession also exist. For example, if you have an active restraining order (commonly referred to as an injunction for protection) entered against you, if you have been involuntarily committed to a mental health institution in the past, or you are currently charged with a criminal offense and a condition of your bond is that you cannot possess any weapons, you cannot possess a firearm.
The discovery process is the term used to describe the pretrial phase of a criminal case where both sides exchange information and evidence relevant to the case. This process allows each party to investigate their case, obtain evidence, take depositions of witnesses, learn about the evidence against them or the lack thereof, and prepare for trial. Discovery aims to prevent “trial by ambush” by ensuring both sides are aware of the evidence and witnesses against them before the case goes in front of a jury.
 In the Florida state court, generally, the prosecutor is obligated to disclose to the defense all evidence against the person charged with a crime. This also includes the obligation to disclose evidence that may be exculpatory (or favorable) to the defendant. If the prosecutor withholds evidence in their possession, they can be sanctioned by the court for their conduct and even prohibited from relying on that withheld evidence in the case.
 A similar obligation applies to the defense. The defense is obligated to disclose to the prosecution any witnesses they intend to call at trial.
Family Law FAQs

Navigating family changes can feel overwhelming. Our Family Law FAQ breaks down key topics like custody, child support, divorce, and visitation so you can better understand your options and the steps ahead. It’s designed to help you feel informed before meeting with a family law attorney.

How long do I have to live in Florida before filing for divorce?
At least one spouse must be a Florida resident for at least six months prior to filing for divorce.

There are only two potential grounds for a divorce: 1) The marriage is irretrievably broken or 2) One spouse is mentally incapacitated. It is not necessary to prove wrongdoing by the other spouse to obtain a divorce.

In an uncontested divorce, the parties are in agreement on all of the issues in the divorce and usually submit a consent order to the court to sign and approve. In a contested divorce, the parties disagree on the issues in the divorce and the court must determine the outcome of the case at a trial.
Divorce mediation is when the parties try to work out an agreement on the divorce to reach a resolution with a neutral mediator. The court generally requires the parties to attend mediation to attempt to resolve the divorce case in most cases. The mediator is there to help facilitate communication and try to get the parties to reach an agreement on the divorce case.
Florida law provides that marital assets and debts are divided equitably, which means fairly. The default is generally for the marital assets and debts to be divided equally, but there are some exceptions in which one spouse may receive more or less than half of the value of the marital assets and debts.
Generally, all assets and debts acquired during the marriage are considered marital and thus subject to being divided to the parties. This includes assets that are in one party’s name only. However, there are some exceptions such as an inheritance or a gift that was received by one party during the marriage and was not co-mingled with other marital assets. Additionally, assets or debts that were acquired before the marriage are usually not divided in a divorce, although there are exceptions to that rule as well.
There are a few options for the marital home in a Florida divorce. One option is that the parties can sell the home and divide any net proceeds. Sometimes one party can remain in the home and sell it later once the children reach a certain age. Another option is that one spouse can be awarded the marital home, but that spouse will have to offset the marital equity in the home, giving the other spouse other assets or money to reach an equitable distribution.
Yes. Florida law generally considers a retirement account or pension to be marital property and subject to division. However, any portion of the pension or retirement account that accrued before the marriage is generally non-marital and usually not subject to division in the divorce. But the portion that accrued during the marriage is generally divisible in a divorce.
In a paternity or divorce case with children, Florida law defaults to both parents having equal timesharing with the minor children. However, it is possible to be awarded more than equal timesharing if it is not in the children’s best interests to have equal timesharing with the parents. In that situation, the court looks at certain factors to determine what timesharing schedule would be in the children’s best interests.
Florida law defaults to both parents having shared parental responsibility, which means they have equal decision-making authority for major decisions involving the minor children, such as medical and educational decisions. In order to deviate from shared parental responsibility, one party must prove that it would be detrimental to the children to have shared parental responsibility. This is rare.
No. Children cannot choose which parent they want to live with. However, in a contested custody case, there are instances when the children’s preference can be one factor for the court to consider, depending on the children’s age and maturity. Even when a child’s preference is allowed to be presented to the court, it is only one factor of many and not considered any more important than the other factors.
In divorce or paternity case, child support is determined by a formula outlined in Florida law. The formula factors in the income of the parties, the amount of overnight timesharing for each parent, health care costs, daycare costs, and other costs, if relevant.
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Can my divorce order be modified at a later time after the divorce is completed?

Possibly. There are provisions in Florida law to modify custody, alimony, or child support. The person seeking modification but prove there has been a substantial change of circumstances and there are other factors for a judge to consider whether a modification should be granted or not.

A party can file a motion with the court to enforce the court order or to possibly hold the non-complying party in contempt. If one party is not paying alimony or child support, the court has options to order the garnishment of wages, make one party pay the other’s attorney’s fees, or sometimes put a non-paying party in jail. Similarly, if one party is not facilitating timesharing, the court can enter an order requiring the parent to comply with the parenting plan.
20 days.
A clerk’s default can be entered against you, which will have negative impacts on the case.
The plaintiff can move for a motion for default judgment. The motion for default judgment would allow plaintiff to recover a monetary or other type of judgment against you without a hearing.
In nearly every situation, you should talk to a lawyer if you’ve been sued. Lawsuits come with strict deadlines and serious consequences, and an attorney can help you understand your options and protect your interests.
That is a complicated legal question that will require legal analysis. However, the primary question will be, do you make substantially more money than your spouse. What constitutes substantial varies from case to case, but generally speaking, if you’re making a sizably more or greater amount than your wife or husband, then you have exposure to alimony. Another factor will be length of the marriage.Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Yes. Recently, the Florida legislature adopted a statutory rule that it is presumed to be 50/50 time sharing, so equal amounts of time sharing for both mom and dad.
The spouse requesting alimony must prove that he or she has a financial ability for alimony and that the other spouse has the financial ability to pay it. The court also considers the length of the marriage, the income of the parties, the marital standard of living, and other factors in determining the length and amount of alimony.

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