Blog

What is the Difference Between Durational Alimony and  Permanent Alimony in an Orlando, Florida Area Divorce Case?

What is the difference between Durational Alimony and Permanent Alimony in the Orlando, Florida area divorce case? Durational alimony provides a party with support for a set period of time after a long-term marriage if there is no ongoing need for support on a permanent basis. Durational Alimony may be awarded when permanent alimony is inappropriate. The trial court must make detailed findings of fact as to why permanent alimony is inappropriate and that requesting spouse has no ongoing need for support on a permanent basis. The trial court must explain why Durational Alimony is appropriate for a long-term marriage. Durational alimony cannot be extended except under exceptional circumstances. Florida  Statute 61.08(7). 

First, the trial court must determine if the requesting spouse has a need for alimony. The trial court then must also determine if the payee spouse has the ability to pay alimony. Florida Statute 61.08(2). Once the trial court makes these threshold determinations as to its determination of need and ability to pay alimony, then the trial court must make necessary findings of fact to support a decision to award durational rather than permanent alimony in a case involving a long term marriage. Florida Statute 61.08(2). The court must evaluate each individual factor under Florida Statute 61.08 (a)-(j) to determine whether Permanent Alimony or duration alimony is appropriate in the case. 

In Florida Statute 61.08(4), the legislature defines a long-term marriage as a marriage having a duration of seventeen years or greater. A long-term marriage carries a rebuttal presumption favoring an award of permanent alimony. The trial court must discuss and must address the rebuttable presumption of Permanent Alimony in its findings of fact. The trial court must explain how or why the presumption has been overcome. The facts the trial court must make must rebut the presumption in favor of 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