Durational Alimony in Florida

Who Is Eligible for Durational Alimony?

Under Florida law, the court has the power to grant alimony that is rehabilitative, bridge-the-gap, or durational in nature. Each is meant to serve a designated purpose, depending on the specific needs of the divorcing couple. As a relatively new concept in Florida, durational alimony would only be appropriate if the couple has engaged in a short-term marriage (7 years or less) or moderate-term marriage (7-17 years).

Durational alimony provides assistance to financially dependent spouses. The time could be months or years after divorce. It cannot exceed the length of the marriage, which at most, would be a maximum award of 17 years.

What Factors Will the Court Take into Consideration When Granting Alimony?

When determining whether or not alimony will be granted in a divorce, the court will take a variety of pertinent factors into consideration. First, they will assess each party's financial needs and their ability to pay alimony. Should a judge decide that spousal maintenance would be appropriate, they would then need to determine what form of alimony would best suit the divorcing couple's needs.

In order to do so, Florida Code §61.08 states that they must take the following into consideration:

• The standard of living that was established during the marriage
• How long the marriage lasted (must be less than 17 years for durational alimony)
• The age and physical and emotional condition of each spouse
• Each party's financial resources – including marital and non-marital assets
• The earning capabilities & educational levels of each party
• Each party's contribution to the marriage (i.e. homemaking, child care, education)
• The adulterous tendencies of either spouse during the marriage

Determining the Duration of Durational Alimony

The duration of durational alimony is typically based on the length of the marriage. A Jacksonville durational alimony attorney will guide their client through this process, as it can be one of the most critical aspects of an alimony award.

• Short-Term Marriages (less than 7 years): Durational alimony may be awarded for a period no longer than the length of the marriage.
• Moderate-Term Marriages (7 to 17 years): Durational alimony is usually awarded for a duration up to the length of the marriage, but the duration can be shorter based on the circumstances.
• Long-Term Marriages (17 years or more): While long-term marriages may justify permanent alimony, durational alimony may still be awarded in some cases if the spouse does not require long-term support or if other factors come into play.

It’s important to note that the court may also consider other circumstances that could justify an extension or reduction in the duration of alimony. This is where the counsel of a Jacksonville durational alimony lawyer becomes invaluable.

Can Durational Alimony Be Modified or Terminated?

Since durational alimony is meant to provide economic assistance for a designated period of time, it can be difficult to modify or terminate these payments without a justifiable reason. That is not to say that it cannot be done, however, as there are three specific circumstances in which you would be able to seek a modification: 1) there has been a substantial change in circumstances, 2) your former spouse has remarried or 3) your former spouse has died.

Aside from this, the length of durational alimony will run its course until it has reached its pre-determined expiration date. If you believe that you have legitimate grounds to request a modification or termination, the legal team at Charles E. Willmott, P.A. encourages you to retain the help of a lawyer. In doing so, you will have the opportunity to present a strong case to the court.