Posted by Nydia Streets of Streets Law in Florida Alimony

What is the basis for awarding alimony in Florida? Several factors are considered in determining an alimony claim, including the length of the marriage; the age, health and work history of the parties; and the lifestyle established during the marriage. Once it is determined the alimony should be awarded, the court must determine the type of alimony (permanent, durational, rehabilitative, etc.) and how much. In the case Williams v. Jones, 1D18-4771 (Fla. 1st DCA February 3, 2020), the former husband objected to an award of permanent alimony to his ex-wife.

The parties were married for 16 years and 11 months by the time the petition for dissolution of marriage was entered. The record showed that while the former wife was in her early 50’s, she had health problems that precluded her from working. She had also not worked for the 10 years prior to the date the petition for divorce was filed. The trial court awarded her permanent alimony finding she had a need for the same. The former husband appealed, arguing it was an abuse of discretion to award permanent alimony when the parties had not been in what the Florida Statutes define as a long-term marriage.

The appellate court disagreed and affirmed, holding “Before their separation, the parties were married 16 years and 11 months — just one month shy of the statutory presumption of a "long-term" marriage. See § 61.08(4), Fla. Stat. (2017). The trial court treated the marriage as if it were a long-term marriage, and we affirm that decision. One month is a de minimis period given the length of the marriage, and the trial court was permitted to overcome the presumption as to the length of the marriage necessary to qualify as a long-term marriage.” The court further held “Even if the parties' marriage falls into the ‘grey area’ between a long and a short-term marriage, consideration of the other factors set forth in section 61.08(2), Florida Statutes, beyond the duration of the marriage, including the earning capacity of [the former wife] warranted an award of permanent alimony. As noted, there is competent, substantial evidence that [the former wife’s] health precludes employment. While [the former wife] was just 53 years of age at the time of dissolution, a party's age is not a valid basis to deny permanent alimony absent evidence that the receiving former spouse's relative youth would allow that former spouse to earn income sufficient to support a life-style consistent with that enjoyed during the marriage.”

Will the court award permanent alimony in your case? The answer depends on the analysis of many factors unique to your marriage and life. Schedule a consultation with a Miami divorce lawyer to go over how a court may decide alimony in your Florida divorce.