Effective July 1, 2010, the Florida legislature passed amendments to the alimony statute that apply to initial awards of alimony entered after July 1, 2010 and modifications of such awards. In any proceeding for dissolution of marriage, the court may grant alimony to either party, which may be bridge –the- gap, rehabilitative, durational, or any combination of these forms of alimony. This article will now address a form of alimony known as permanent alimony.
Permanent Alimony FactorsBefore considering an award of permanent alimony the court must first determine equitable distribution of marital assets and marital liabilities. The award of permanent alimony is discretionary with the court. The court must initially determine (1) entitlement and then (2) amount. The primary factors for the court to consider in determining entitlement are need and ability to pay. The court must actually determine if either party has a need for alimony, and that the other party has the ability to pay alimony. Permanent alimony may be awarded following a long term marriage is such a Ward is appropriate after applying the factors in the alimony statute:
In awarding permanent alimony, the court must find that no other form of alimony is fair and reasonable under the circumstances of the parties. The alimony award must not leave the payer with significantly less income than the recipient unless there are exceptional circumstances. Permanent alimony, if appropriate, is generally awarded after a long-term marriage. However, it can be awarded after a marriage of moderate duration if there is clear and convincing evidence or after a short term marriage if there are exceptional circumstances.
The award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. Permanent periodic alimony is taxable to the payee spouse and deductible to the payer spouse unless specifically stated otherwise.
Sometimes a court may determine that a party is entitled to permanent alimony but the pain party has insufficient resources to pay the appropriate amount of alimony. Under this scenario the court can award a nominal amount of permanent alimony which reserves jurisdiction so that the court can modify the amount of alimony should the financial circumstances of the payer spouse improve.
Contact a West Palm Beach Permanent Alimony AttorneyIf you are involved in a long-term marriage the court may find it appropriate to award permanent alimony. It is very important that you consult with a highly knowledgeable and experienced alimony attorney. For more information about permanent alimony and other forms of alimony that may be granted by the court, call an experienced West Palm Beach alimony attorney at (561) 833-2772 or contact us online for a consultation.