Palm Beach Florida Divorce & Family Law Blog
Durational alimony is awarded to provide the recipient spouse with economic assistance for a specific period of time. An award of durational alimony will not exceed 50% percent of the length of a short-term marriage, 60% percent of the length of a moderate-term marriage, and 75% of the length of a long-term marriage. There is a rebuttable presumption that a marriage of less than 10 years is a short-term marriage, a marriage of between 10 years and 20 years is a moderate-term marriage, and a marriage of 20 years or more is a long-term marriage.
Under “exceptional circumstance”, a court may extend the length of durational alimony. Some of these exceptional circumstances include, without limitation: (i) the extent to which the recipient’s age and employability limit the recipient’s ability to become self-supporting; (ii) the extent to which the recipient’s financial resources limit the recipient’s ability to be self-supporting; (iii) the extent to which the recipient is mentally or physically disabled; and (iv) the extent to which the recipient is the caregiver to a mentally or physically disabled child of the parties.
The amount of durational alimony is the amount required to meet the recipient’s “reasonable needs”. However, the amount of durational alimony may not exceed 35% of the difference between the parties’ net incomes.
The party seeking an award of alimony has the burden to prove that he or she has a need for support and that the other party has the ability to pay alimony. Once the party seeking alimony proves that he or she has a need for support and that the other party has the ability to pay alimony, in determining the appropriate type of alimony to award, trial courts will consider the following 8 factors: (i) the standard of living established by the parties during the course of the marriage and the anticipated needs and necessities of life for each of the parties after the issuance of the Final Judgment of Dissolution of Marriage; (ii) the length of the parties’ marriage; (iii) the age, physical, mental and emotional condition of the parties; (iv) the financial resources and incomes of each of the parties; (v) the earning capacities, vocational skills, levels of education and employability of each of the parties; (vi) the contribution of each of the parties to the marriage; (vii) the parties’ responsibilities for taking care of any of their minor children (with special consideration given to the need to take care of children with physical or mental disabilities); and (viii) any other factor that trial courts should consider in order to make a fair and equitable alimony award, including, without limitation, the existence of a supportive relationship and eligibility to retire.
Durational alimony ends upon the remarriage of the recipient spouse or upon the death of either of the parties. Durational alimony is not awarded if the marriage lasts less than 3 years.
To speak with a divorce attorney to discuss alimony in Florida, contact the Lane Law Firm, P.A. at (561) 363-3400. Our offices are conveniently located in in West Palm Beach, Palm Beach Gardens, and Wellington, Florida.