The duration and amount of alimony are determined by Florida courts on a case-by-case basis. Prior to awarding alimony, the court must determine:<\/p>\n
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- If there is a need for spousal support by one spouse; and<\/li>\n
- If the other spouse has the ability to pay alimony.<\/li>\n<\/ol>\n
Once the ability to pay and the need for alimony is established, the court will consider a multitude of factors, including but not limited to:<\/p>\n
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- The length of the marriage;<\/li>\n
- The standard of living established during the marriage;<\/li>\n
- The earning capacities and financial resources of each party, and many more.<\/li>\n<\/ul>\n
When Do Florida Courts Award Permanent Alimony?<\/strong><\/p>\n
Permanent alimony awards are not as uncommon as you might think. This type of spousal support is most common when the marriage has lasted a long time. The purpose of awarding permanent alimony is to help the receiving spouse cover their needs that were established during the marriage.<\/p>\n
Typically, permanent alimony is only awarded when:<\/p>\n
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- The marriage lasted a long time (a long-term marriage); and<\/li>\n
- The evidence demonstrates that the receiving spouse will not be able to become self-sustaining until the end of their life.<\/li>\n<\/ol>\n
Florida courts will consider a variety of factors before awarding permanent alimony following a divorce. The receiving spouse will have to prove that they will not be able to meet their needs after the divorce. The needs of the supported spouse will be determined based on the standard of living established during the marriage. Also, courts will look at factors such as:<\/p>\n
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- The employment history of each party;<\/li>\n
- Past and current income of each party;<\/li>\n
- The earning capacity of each party;<\/li>\n
- Expenses of each party; and<\/li>\n
- The age and the physical and emotional condition of both spouses.<\/li>\n<\/ul>\n
What Do You Need to Know About Florida Permanent Alimony?<\/strong><\/p>\n
In most cases, permanent alimony is awarded as periodic payments (often monthly). However, lump-sum payments may be more appropriate in some cases. While adultery does not usually play a role in divorce cases (under the Florida Statutes Section 61.052, parties are not required to prove fault to obtain a divorce), either party\u2019s infidelity may be considered when deciding permanent alimony.<\/p>\n
As mentioned earlier, permanent alimony is usually awarded after a long-term marriage. In Florida, a long-term marriage is any marriage that lasted a minimum of 17 years. However, in some cases, a Florida court may award alimony permanently after a moderate-term marriage, which is between 7 and 17 years, if the receiving spouse can present clear and convincing evidence to establish the need for permanent alimony.<\/p>\n
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