How the Length of a Marriage Affects Alimony
Alimony, sometimes also referred to as spousal support, is a contentious issue in many contested divorce cases. When a lower-earning spouse requires financial support after a divorce, a judge will often award them alimony. The higher-earning spouse is then required to make payments on a regular basis to provide the necessary financial support. Family law judges take many factors into account when determining whether to award alimony and if so, the duration of payments. One of the factors is the length of the marriage. Below, our Tampa alimony attorney explains further.
When Do Family Law Judges Award Alimony?
Family law judges will consider many factors when they are making decisions about alimony. The person asking for support must show that there is a legitimate financial need for it. This can be due to a low income, lack of employability, or a significant disparity in economic resources compared to the other party. The spouse who may be responsible for paying alimony must also have the financial resources to make regular payments. The court will consider their income, assets, earning capacity, and financial obligations when making this decision.
The court will take other factors into consideration other than the ability to pay and the financial need. These include:
- The age of each spouse
- The physical and mental health of each spouse
- The standard of living established throughout the marriage
- The contribution of each spouse to the marriage
In addition to the above factors, the length of the marriage is also an important factor considered when decisions are made about alimony.
How Does the Length of a Marriage Impact Alimony?
The length of a marriage is an important consideration when decisions about alimony are made. The duration of marriages are classified into the following:
- Short-term marriages: A short-term marriage is one that has a duration of less than ten years. Alimony is not always awarded after a short-term marriage. When it is, it cannot exceed more than 50 percent the length of the marriage.
- Moderate-term marriages: Moderate-term marriages in Florida are those that lasted between 10 and 20 years. In these cases, alimony cannot extend beyond 60 percent of the length of the marriage.
- Long-term marriages: Alimony is more likely in long-term marriages. These are marriages that lasted for 20 years or longer. Even still, alimony cannot extend beyond 75 percent of the length of the marriage.
It is important to note that as of July 2023, permanent alimony is no longer awarded in Florida.
Our Alimony Attorney in Tampa Can Advise On Your Case
Issues pertaining to alimony can become very contentious during any divorce case. Whether you need to request it or defend against unfair demands for it, our Tampa alimony attorney can help. At Florida Law Advisers, P.A., our attorneys have the necessary experience to provide the sound legal advice you need and help you obtain the best outcome possible. Call us now at 1 (800) 990-7763 or fill out our online form to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
