Effective July 1, 2010, the Florida Alimony Statute was amended and the new law applies to all cases pending or filed after July 1, 2010. The amendments created a new form of alimony, durational alimony.
In any divorce proceeding the court may grant alimony to either party, which may be bridge-the-gap, rehabilitative, durational or permanent in nature, or any combination of these forms of alimony. After the determination of equitable distribution, the court addresses alimony. The Ward of any form of alimony is discretionary with the court. In order for the court to award alimony, (spousal support), the court must determine (1) entitlement and (2) amount. The primary factors to determine entitlement are need and ability to pay alimony. If the court determines that one party has a need for alimony and the other party has the ability to pay alimony that the court must determine the proper type of alimony. This article will now cover the newest form of alimony that the court may consider durational alimony.Durational Alimony
The court will determine whether durational alimony should be awarded by applying the enumerated statutory factors. Durational alimony may be awarded when permanent alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration, or a marriage of long duration if there is no ongoing need for support on a permanent basis.Short Term Marriage
The law presumes that a short-term marriage is a marriage having duration of less than seven years. A durational Ward of alimony may not exceed the length of the marriage except under exceptional circumstances.Moderate Term Marriage
The law presumes that I moderate term marriage is a marriage having a duration of greater than seven years, but less than 17 years. The length of the marriage is the period of time from the date of the marriage until the date of the filing of the divorce. As with a short-term marriage, and award of alimony in a moderate term marriage may not exceed the length of the marriage. And award of durational alimony in a moderate term marriage also terminates upon the death of either party or upon the remarriage of the party receiving alimony. The length of the Ward of durational alimony may not be modified except under exceptional circumstances.Long Term Marriage
The law presumes that a long-term marriage is a marriage having the duration of 17 years or longer. Bridge-the-gap alimony, rehabilitative alimony, durational and permanent alimony may be awarded in a long-term marriage. Durational alimony will be awarded following a marriage of long duration if there is no ongoing need for support on a permanent basis. For the court to award permanent alimony after a long-term marriage, the court must conclude that no other form of alimony is fair and reasonable under the circumstances of the parties.Contact a West Palm Beach Alimony Attorney
It is very important in a divorce case where alimony may come into play that an experienced and knowledgeable alimony attorney be consulted. For more information about durational 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.