When you and your spouse get a divorce, one of the most contentious matters of this process can be spousal support. Often, the receiving spouse may feel like they’re receiving too little while the paying spouse believes the amount to be too much. As such, there are many questions a divorcing couple may have about these matters, including whether or not a spouse can be awarded permanent alimony in Florida. If you’re getting divorced and have questions about permanent spousal support, you’ll want to keep reading. This blog and our Tampa alimony lawyers can help you through these challenging times.
How Is Alimony Determined?
It is a common misconception that alimony is automatically awarded to the lower-earning spouse during divorce. This is far from the truth, as you’ll find that the spouse who wants alimony must first request it. Even if a spouse does request alimony, you’ll find that the courts must determine if spousal support is necessary. To determine if this is necessary, the courts will consider several factors, including, but not limited to:
- How long the marriage lasted
- The standard of living established during the marriage
- How marital assets are divided between the parties
- How much each party contributed financially and domestically to the marriage
- Whether or not one spouse sacrificed their career to support the other
Is It Possible to Get Permanent Alimony?
As of July 2023, permanent alimony is no longer an option for divorcing couples. Permanent alimony was a method for awarding spousal support to a party, typically a spouse that was married for over 17 years. As such, they would receive alimony lasting until the death or remarriage of one party. However, this is no longer an option in Florida.
While there are some short-term forms of alimony, like temporary alimony, which will last until the divorce decree is finalized, or “bridge-the-gap” alimony, intended to last no more than two years, general forms of alimony will only be durational. As such, marriages that last less than ten years are deemed short-term, meaning spousal support will not last longer than 50% of the marriage. For marriages lasting between 10 and 20 years, alimony cannot last more than 60% of the length of the marriage. This time is increased to no more than 75% of the duration of the marriage for unions lasting longer than 20 years.
However, it’s necessary to understand that just because alimony can last up to 50% of the length of your marriage, for example, does not mean that it will. The courts will consider the aforementioned factors to determine how long alimony payments will last on a case-by-case basis.
Alimony can be an incredibly complicated matter, which is why you should not try to navigate this process on your own. At Tampa Law Group, our team is committed to fighting for your best interest during these times. We can handle the legal complexities of your divorce so you can focus on healing. Connect with us today to learn how we can help you.
