Final judgment of divorce must give guidance on why permanent alimony denied in long-term marriage

Posted by Nydia Streets of Streets Law in Florida Alimony

There is a rebuttable presumption in Florida that permanent alimony is appropriate in a marriage lasting 17 years or longer. Without a transcript of a hearing, an appellate court is limited to reviewing the order being appealed to determine if there are any errors that are clear on the face of the order. These two issues were intertwined in the case Baron v. Baron, 1D19-3037 (Fla. 1st DCA July 15, 2020).

After a trial on a petition for dissolution of marriage, the court awarded the former wife $2,000 in durational alimony for a period of 12 months. The parties were married for at least 17 years. The former wife appealed, arguing it was error for the trial court to award durational alimony instead of permanent alimony in light of the length of the parties’ marriage, and she asserted the findings in the final judgment about alimony were insufficient to support an award of durational alimony instead of permanent.

The former husband argued that the former wife’s failure to file a motion for rehearing renders her appeal non-viable. The former wife argued she was not challenging a lack of findings, but rather whether the findings in the final judgment supported the trial court’s conclusion on alimony. The appellate court agreed with the former wife that the findings did not support the durational award, holding “ We conclude that the trial court's findings on their face failed to rebut the presumption that former wife was entitled to permanent periodic alimony. [internal citations omitted]. Because the presumption in favor of permanent alimony was not rebutted, the trial court abused its discretion in awarding durational alimony for twelve months instead of permanent periodic alimony [internal citations omitted].”

If alimony is an issue in your Florida divorce case, a consultation may help you understand the factors the court will consider in determining entitlement to alimony and the amount. Schedule a meeting with a Miami divorce lawyer to understand your rights and options.