In Florida, a short term marriage is for seven years or less. A marriage of medium/moderate length (moderate term marriage in Florida) is for somewhat longer than seven years, but less than seventeen years (>7 but < 17) years. This is a long period of time, approximately ten years, that legally accounts for a substantial legal gray zone in the way the divorce court will calculate of alimony. Arguments can be made for several different types of alimony (such as Florida durational alimony) to be awarded resulting from that moderate term marriage period. Of course, any alimony awarded by the court depends on the circumstances of the marriage and the unique facts presented. Jonathan Jacobs is a Clermont Florida Family Law Attorney. Call Jacobs Law Firm at 407-335-8113 to speak with a divorce attorney about your case and learn how we can help you determine your need for alimony or your ability to pay.
Durational Alimony Florida
Florida divorce courts generally do not automatically award any specific type of alimony absent a party pleading for such relief. Your attorney must specifically plead for alimony, and unless otherwise agreed by the parties beforehand, testimony must be heard for the court to carefully consider whether any award of alimony is appropriate. Clients often ask about a statutory alimony formula, but a determination as to the appropriate award of alimony is a complex process that is based on a multitude of factors.
Moderate Term Marriage in Florida
Often, a moderate term marriage in Florida results in the award of durational alimony in Florida. Florida durational alimony is awarded if permanent alimony is not applicable/appropriate for the couples’ situation and no other form of alimony is proper. Durational alimony in some limited circumstances may also awarded after a marital union of a short or middle/moderate term marriage. This specific form of alimony may also be awarded after a marriage of long duration (17 or more years in time) if there is no proven need for permanent periodic alimony. Alimony is a fact-specific inquiry.
When Does Florida Durational Alimony End?
When does durational alimony end? To determine a date of termination, it is important first for the parties to present evidence of their unique circumstances (career, personal, economic, familial, emotional, etc.) in order for the court to have enough information upon which it may have a factual basis for rendering its decision as to the alimony award. Be prepared for trial, and review the statutory factors the court uses in rendering a decision. Make sure your evidence is organized and well-presented for the judge.
When does durational alimony end in Florida is a question both the payor and the payee of alimony ask before and even during the divorce process. Statutorily, durational alimony Florida ends if one of the parties dies, or if the alimony recipient remarries. In actual performance, it is often ordered for a number of years and has a date certain for termination. Alimony can be determined by the agreement of the parties, called a marital settlement agreement or can be preset by a prenuptial agreement.
Florida Durational alimony, much like rehabilitative alimony, may be changed or ended if the payor party proves there has been a substantial change in circumstances with the payee. So, to completely answer when does durational alimony end in Florida, it ends at longest when the originally scheduled period of termination of the award is set by the court, and durational alimony may not last for a greater length of time than the marriage itself. The Jacobs Law Firm, Clermont Florida Family Law Attorney, is ready to answer any questions you may have about alimony in Florida.
Feel free to continue reading and enjoying out plethora of articles about all other types of Florida alimony to allow you to familiarize yourself with how this process works: Women paying men alimony, alimony pendente lite, alimony factors, short term alimony, permanent alimony, bridge-the-gap alimony, and rehabilitative alimony. You may also wish to learn about a Florida parenting plan, and all of the requirements of establishing jurisdiction for divorce in Florida courts.
Jonathan Jacobs is a Clermont Florida Family Law Attorney who loves working with clients. Among our practice areas is uncontested divorces and collaborative divorce.