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Permanent Alimony in Your Orlando, Florida Area Divorce Case

In order to request and receive permanent alimony in your Orlando, Florida Divorce Case, you must prove that you have a need for such alimony. That means that at the end of the month, you have a deficit and cannot pay your bills. There is no savings component to alimony. Therefore, if you cannot save money each month, that is not considered a need for determination of alimony analysis. The deficit is what you may be awarded in alimony if your spouse has the ability to pay alimony. 

The greater metropolitan Orlando area consisting of trial courts in Orange County, Seminole County, Volusia County, Lake County, Brevard County, and Osceola County are in the Fifth District Court of Appeals. According to the case law in the Fifth District Court of Appeals, you must have an actual need for alimony. It is not enough to have a disparity of income between you and your spouse. 

Your spouse must have an ability to pay alimony. That means he/she has a surplus each month after he/she pays all his/her bills and expenses. The surplus each month can be used to pay your requested alimony. 

Florida Statute 61.08(8) provides that permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in on subsection (2). Under Florida Statute 61.08, a long-term marriage is defined as a marriage of seventeen (17) years or longer. Florida Statute 61.08 has a presumption that permanent alimony is appropriate in a long-term marriage. In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. That finding is statutorily required. That means the trial court must make such a finding or the court will be reversed on appeal. Even if this finding is implicit in the court’s ruling given the length of the marriage; and that the one spouse has shown a need for alimony and that the other spouse has an ability to pay alimony, the trial court will be reversed if it does not make the finding that no other form of alimony is fair and reasonable under the circumstances of the parties. The trial court must expressly find that no other form of alimony would be fair and reasonable. 

The court must examine each and every factor in 61.08(2) a-j, and make findings of facts as to each and everyone one of those elements/factors in its determination of whether to award permanent alimony. 

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: https//: www.AnnMarieGildenLaw.com

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