What is the Difference Between Permanent and Durational Alimony?
Whether you are considering divorce now or a petition for the dissolution of marriage has already been filed in a Florida court, you may have questions about alimony, also known as spousal support or maintenance. Alimony in Florida is governed by Section 61.08 of the Florida Statutes, which allows for forms of alimony that include temporary alimony, bridge-the-gap alimony, rehabilitative alimony, and durational alimony. The first three types are designed by their nature to be limited in duration. Differently, durational alimony can last for a much longer period of time, depending on the facts of the case.
Is durational alimony permanent alimony, then? Or is there a distinction between the two? In short, Florida used to permit permanent alimony, but Florida courts no longer order this type of alimony. Instead, the only longer-duration form of alimony that will be ordered is durational alimony. Our alimony lawyers in Port St. Lucie can explain in more detail.
Durational Alimony is Based on Need, Ability to Pay, and Duration of the Marriage
Whether or not durational alimony is awarded is based on a number of factors that include but are not limited to the seeking spouse’s need, the paying spouse’s ability to pay, and the duration of the marriage.
When a court determines that a durational alimony award is appropriate, how does it determine the duration of that award? In other words, how long will the receiving spouse be paid alimony? There is a general formula that is set forth under Florida law.
Duration of a Durational Alimony Award
Durational alimony is never ordered to be “permanent,” but it can end up being permanent for the duration of the receiving spouse’s life depending on the length of the marriage. Here is how Florida courts generally determine the duration of a durational alimony award:
- For marriage of up to 3 years, durational alimony is not awarded (though another type might be ordered);
- For “short-term” marriages between 3 years and up to 10 years, durational alimony can be awarded for a duration of up to 50 percent of the length of the marriage;
- For “moderate-term” marriages between 10 years and up to 20 years, durational alimony can be awarded for a duration of up to 60 percent of the length of the marriage; and
- For “long-term” marriages of 20 or more years, durational alimony can be awarded for a duration of up to 75 percent of the length of the marriage.
The Florida Statutes also clarify that, when there are “exceptional circumstances,” a court “may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary” based on a range of statutory factors.
Contact an Alimony Lawyer in Port St. Lucie for Questions About Divorce and Support in Florida
Whether you are planning to seek alimony or expect that you may be required to pay alimony, or if you have questions about modifying an older award of permanent alimony in Florida, you should seek legal advice. One of the experienced Port St. Lucie alimony attorneys at Baginski Brandt & Brandt can learn more about your circumstances and can answer your questions today. We are here to work with you on all aspects of your Florida divorce, including alimony and any reasons for modification that have arisen after your divorce was finalized. Contact our firm today to find out more about how we can assist you.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
