There are several types of alimony in the state of Florida including durational alimony, created by a statute that became effective in July of 2010. At Adams & Luka, our durational alimony lawyers recognize that most people who have never gone through the divorce process think of alimony as an amount of financial support to be paid to an ex-spouse until that spouse remarries, or one of the spouses dies.
Durational alimony ultimately makes it possible for a spouse to receive financial support from the other spouse for a set period of time, and is typically awarded in the case of divorcing spouses who were married for a length of time considered short or moderate by the state. The statute was created for the purpose of having an alternative solution when permanent periodic alimony is not appropriate. Permanent periodic alimony is designed to provide a former spouse's necessities and needs according to the standard of life the couple established while married. Durational alimony is just as the name implies - payment for a duration or "set" period of time.Orlando Divorce Attorney Assisting with Issues Regarding Spousal Support
Essentially, durational alimony is a type of alimony which may not exceed the duration or length of the marriage. For example, if a marriage lasted for eight years, the alimony may not continue for longer than eight years. This is a type of alimony often used when a marriage lasts less than 17 years - considered a short or moderate length marriage - rather than permanent alimony which is often used in long-term marriages lasting longer than 17 years. As with other types of alimony used in Florida, a spouse who desires to be paid durational alimony must prove that he or she needs spousal support from the spouse who earns a greater income.Factors in Determining Whether a Spouse May be Granted Durational Alimony
As with all other types of alimony, there are certain factors that work in determining whether a spouse may receive spousal support. These factors include:
- Length or duration of the marriage
- Spouse's ages, emotional, and physical condition
- Contributions each spouse may have made during the marriage including college or other support to help build one spouse's career, care of any children, etc.
- Standard of living spouses were accustomed to during the marriage
- Financial resources of both spouses (marital and non-marital debts and assets)
- The vocational skills, educational background, employability, and income-earning ability of each spouse
Like permanent alimony, if the ex-spouse receiving durational alimony remarries or either spouse dies, the payment of alimony comes to an end. It is also important to note that exceptional circumstances must be proven in order for the length of durational alimony to be changed. Should a substantial economic situation arise with one of the spouses involved, the amount of durational alimony may end or be adjusted.
Regardless of the type of alimony a spouse is seeking, whether he or she will be eligible is based on financial need, and whether the other spouse has the financial resources or ability to pay. Upon reviewing all of the factors and circumstances on which the payment of alimony is based, the court will decide whether to grant a spouse's request for spousal support or alimony.Contact Family Law Attorneys Adams & Luka Today
At Adams & Luka, our divorce attorneys understand the struggles you face, and the stress and emotional strain of going through a divorce. We also understand the financial worries spouses may face, and the prospect of an uncertain future. It is important that you consult with a compassionate and skilled lawyer early on, so that work can begin on your case and progress can be made in the process of determining whether durational alimony may be awarded. We work diligently on behalf of our clients and urge those in Central Florida to contact us now at (407) 872-0307 or (352) 787-2101.