For years, Florida lawmakers have been trying to pass into law a bill that would end permanent alimony, leaving you to wonder, does the state still award lifetime spousal support? In short, the answer is yes.
However, in matters of divorce, anything is rarely so cut and dried. The Florida Statutes 61.08 explain what factors affect alimony determinations.
What factors may affect alimony determinations
If you or your soon-to-be-ex-spouse requests alimony, the first thing a judge will consider is the requesting party’s need versus the obligor’s ability to pay. If the judge presiding over your case makes a factual determination that a monetary need exists and that the defendant has the ability to pay, he or she will then consider other relevant factors. Those include but are not limited to the following:
- The length of the marriage
- The financial resources of each party
- The age and physical and emotional health of each party
- Each party’s earning capacity
- The standard of living established during the marriage
- Each party’s contribution to the union
- The tax consequences and treatment of spousal support to both parties
- The division of custody
- All sources of income each party can claim
If any other relevant factors exist, the courts will consider those as well.
When the courts will award permanent alimony
In most cases, a judge only awards permanent alimony following a long-term marriage, which the law defines as one that lasted for 17 or more years. However, even in cases of long-term marriages, judges want to see that permanent alimony is appropriate given the factors listed above.
If your marriage was of moderation duration — meaning it lasted for between seven and 17 years — the judge will need clear and convincing evidence that alimony is appropriate based on the outlined factors and additional circumstances. If your marriage was short-term, the judge will only seriously consider awarding lifetime alimony if the requestor can provide proof, via written findings, that exceptional circumstances exist.
Regardless of the length of your marriage, the judge will want to make sure that no other form of alimony is appropriate. Moreover, even with lifetime alimony, the same rules for all forms of spousal support apply. If the recipient remarries or dies, or if a substantial change in circumstance arises, spousal support can end.
