Alimony is a common aspect of divorce cases in Florida. Under Florida law, the court has the power to grant alimony or spousal support to one of the spouses if certain requirements are met for one of the types of alimony. The purpose of alimony is to provide the lower-earning or non-wage earning spouse with continuing income in order to reduce any unfair economic effects caused after the divorce. However, all divorces are different — not every individual requires alimony to the same extent. Durational alimony is among the types of alimony common in Florida courts.
Durational alimony is a fairly new development in Florida that came into effect in 2010. It was enacted in order to provide an alternative form of support for spouses who do not require long-term alimony but still need financial support to a certain extent. At Silverman and Mack, LLC, we can provide spouses with a Gainesville divorce attorney who will protect your rights during your divorce and help you determine whether durational alimony is the best form of alimony based on your unique circumstances.
What Is Durational Alimony?
According to Florida Statute § 61.08, durational alimony is a temporary spousal support that may be awarded if it is determined that permanent alimony is inappropriate. It is awarded for short-term and moderate-term marriages for a specific period of time following the divorce. Its purpose is to provide one of the spouses with economic assistance but only for a specific time frame, as long as there is no need for ongoing financial support on a permanent basis.
Which Factors Are Considered When Determining Durational Alimony?
When determining whether durational alimony should be granted to a spouse during a divorce, the court will take a number of factors into consideration. According to Florida Statute § 61.08, the following factors will be considered when determining approval for durational alimony.
- The standard of living during the marriage
- The age and emotional state of each spouse
- The length of the marriage (less than 17 years)
- Each spouse's earning capability and educational level
- Financial resources of each spouse
- Each spouse’s contribution to the marriage
- Responsibilities of each party to minor children
- Any other factor to establish equity and justice
If you have a question about durational alimony, contact an experienced family law attorney who can explain the law as it applies to your case. As the laws regarding each type of alimony are complex and ever-changing, it’s important that your lawyer understands every aspect of divorce and alimony laws in Florida and how they pertain to your situation.
Can Durational Alimony Be Modified Or Terminated?
Because durational alimony is established in order to provide economic assistance for a designated period of time, it can be difficult to modify or terminate. In order for durational alimony to be modified, proof must be shown that there has been a substantial change in circumstances.
Durational alimony can be terminated if the spouse receiving it remarries or if either one of the spouses dies. Our experienced divorce lawyers can be able to help you build a case for alimony modification or termination.
Who Grants Durational Alimony?
Durational alimony is granted to the financially dependant spouse in a divorce in order to provide him or her with economic assistance for a set period of time. In order for a spouse to be eligible for durational alimony, the marriage must have been either short-term or moderate-term.
Short-term marriages are unions that last up to seven years or less. Moderate marriages are those that last between 7 years and 17 years. The only stipulation regarding durational alimony is that the award cannot exceed the length of the marriage.
