19 Aug The Availability of Permanent Alimony Awards in Short-Term Marriages
Permanent Alimony Awards in Short-Term Marriages
We receive a lot of questions regarding qualifications for alimony under Florida law. As mentioned in prior posts, there are a few different types of alimony. The type most people are asking about is referred to as “permanent alimony”.
As the name suggests, permanent alimony is intended to provide for a needy spouse during his or her lifetime. Under Florida Statute §61.08 (2014), permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Outside of one party’s need, and the other’s ability to pay, one of the factors that the Court weighs most heavily in its determination of whether (or not) the requesting party qualifies for alimony, under Florida law, is the length of the marriage.
Under Florida Statute §61.08 (2014), there is a rebuttable presumption that a short-term marriage is a marriage having a duration of 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 long-term marriage is a marriage having a duration of 17 years or greater.
While each case depends upon a variety of factors, alimony may be allowed following a marriage of short duration (less than 7 years) – only if there are written findings of exceptional circumstances.
Again, circumstances vary from case to case. If you have any questions about your ability to collect alimony in a Florida divorce, contact Miami Divorce Lawyer at +1.786.309.8588 for a Free Consultation.