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Permanent Alimony in the Orlando, Florida Area

The Florida Statute on Alimony is Florida Statute 61.08. In the statute, a short-term marriage is defined as a marriage of less than seven (7) years. A moderate term marriage is defined as a marriage of seven (7) years to seventeen (17) years. A long-term marriage is defined as a marriage of seventeen (17) years or more. 

Under Florida Statute 61.08, there is a presumption that permanent alimony is awarded for a long-term marriage. In a long-term marriage, if the court does not award permanent alimony, it must include factual findings necessary to explain why the trial court did not award permanent alimony in the case. 

The type and amount of alimony to be awarded is ascertained by ten statutory factors enumerated under Florida Statute section 61.08(2). The trial court must also determine the length of the marriage. That is determined by examining the date of marriage to the date of filing of the petition for dissolution of marriage. If the marriage is determined to be a long-term marriage by the court, then the court must make an express finding that the requesting spouse is entitled to a presumption in favor of permanent alimony. The trial court must then explain how the presumption is rebutted if it does not award permanent alimony. 

For example, for the trial court to award duration alimony instead of permanent alimony, the court must explain that the presumption in favor of permanent alimony was rebutted, as well as why the court awarded duration alimony and not permanent alimony. The court must explain that no other form of alimony is appropriate. The court must explain and give guidance as to why permanent periodic alimony is inappropriate in the long-term marriage and why durational alimony is  awarded. It is a reversal error if the trial court does not do that. 

The trial court must also determine whether the requesting spouse has an ongoing needs for support on a permanent  basis. The trial court must include the reasoning behind the award of alimony in the judgment, and the failure of the court to do so is a reversible error. Further, the court must determine that the requesting spouse has a need for alimony and the payor spouse has the ability to pay 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: AnnMarieGildenLaw.com; and check me out on these other sites: Ann Marie Giordano Gilden on Facebook; Ann Marie (Giordano) Gilden on LinkedIn; and Ann Marie Giordano Gilden on AVVO and Lawyers.com. 

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