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Will I Receive Permanent Alimony in an Orlando, Florida Area Dissolution of Marriage/ Divorce Case?

Permanent periodic alimony is intended ” to provide for needs and necessities of life as they were established during the marriage…. for a party who lacks the financial ability to meet those needs following dissolution. FS 61.08(8). The other spouse must have the ability to pay that alimony. 

Durational alimony, on the other hand, is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long term if there is no ongoing need for support on a permanent t basis. FS 61.08(7). Again, the other spouse must have the ability to pay alimony. 

Florida Statute 61.08 is the Alimony Statute. Florida Statute 61.08(4) states that for purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration less than 7 years, a moderate term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and a long-term marriage is a marriage having a duration of 17 years or greater. 

There is a presumption for permanent alimony in a long-term marriage. Permanent alimony is presumed to be appropriate after a long-term marriage, and a marriage lasting seventeen (17) years or more is presumed to be a long-term. Neither age nor a spouse’s ability to earn some income will rebut the presumption that permanent periodic alimony is appropriate after a long-term marriage. Also, the disparate earning capacity of the parties is a significant factor in deciding whether permanent alimony is warranted. However, disparity in income alone does not justify awarding permanent periodic alimony. 

The failure of a trial court to acknowledge the presumption in favor of permanent alimony, if it applies, often coincides with a finding the trial court erred by not awarding permanent periodic alimony

It is an abuse of discretion for the trial court to not award permanent periodic alimony in a long-term marriage unless the presumption favoring such an award is overcome by competent, substantial evidence. 

Generally, an appellate court will not overturn an award of durations instead of permanent periodic alimony in a long-term marriage if it is clear the trial court considered the factors in FS 61.08 (2), and that evidence shows a party does not have a need for support on a permanent basis. However, when a dissolution judgment gives no guidance as to why permanent periodic alimony is inappropriate in a long-term marriage and why durational alimony was awarded, reversal is proper. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: www.AnnMarieGildenLaw.com.  

This article is for informational purposes only; and it does not form an attorney client privilege.