Permanent alimony in Florida is rare, but if your marriage lasted a long time before you and your spouse decided to get a divorce, you could be eligible. This article helps explain the basic aspects that could affect your case.
After divorce, the court often requires one spouse to support the other financially. Alimony, also known as spousal support or maintenance, can take many different forms. The basic principle behind permanent alimony takes into account whether one spouse can afford to support the other and whether the spouse who would receive the alimony needs financial support, as well as how long the marriage lasted before it dissolved.
What Is Permanent Alimony in Florida?
First, let’s define permanent alimony. Permanent alimony is the payment of financial support from one spouse to another for an unspecified duration. Unlike Temporary, Bridge-the-Gap, Rehabilitative, or Durational Alimony, Permanent Alimony in Florida does not have an end date.
This type of alimony is usually only awarded when one spouse is unable to become self-sustaining. For instance, if one spouse has a disability that prevents them from working—in addition to meeting other requirements—the court could award them permanent alimony.
Marriage Duration Minimum
Permanent alimony is usually only awarded in divorce cases involving long-term marriages. The court has discretion when determining whether a marriage should be considered “long-term,” but the presumption is that any marriage lasting at least 17 years fits this definition. The court may also award this type of alimony in cases involving moderate duration (7-17 years) and short-term marriages (fewer than seven years), but exceptional circumstances are usually present in such cases.
Can I Modify My Permanent Alimony in Florida?
It is possible to modify or terminate permanent alimony after either party experiences a change in their situation that was not addressed when the court awarded the alimony. For instance, if the receiving spouse remarries, the paying spouse may seek to modify or terminate support.
Fighting to receive or modify alimony often requires an attorney’s expertise. You should speak to a lawyer as soon as possible.
Talk to a Florida Family Law Attorney about Your Alimony Case
As a practicing family law attorney in Florida, I know how stressful and confusing pursuing alimony can be. Please do not wait to get in touch with me if you have any questions. I am here to help you however I can.
About the Author: Helena Y. Farber is a Divorce attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.