Posted by Nydia Streets of Streets Law in Florida Alimony
In Florida, permanent alimony is presumed appropriate in a marriage of 17 or more years. This presumption is rebuttable based on factors listed in Florida Statute 61.08. Factors a Florida divorce court will consider in awarding alimony is the ages of the parties, the contributions of each spouse to the marriage, and more. In Speigner v. Speigner, 1D20-1712 (Fla. 1st DCA March 24, 2021), the former wife appealed an award of durational alimony which she argued should be permanent instead.
By the time the former wife filed her petition for divorce, the parties had been married for almost 20 years. According to the appellate opinion “"The trial court found that the former wife had business ability and acumen and that both parties had the ability to earn additional income. The court therefore concluded that durational alimony was 'fair and reasonable under the circumstances.'“ The court also found the former wife consistently worked during the marriage while working and maintaining the household, but the former husband always earned more income. The former wife was awarded a little over $2,000 per month in alimony for eight years. The former wife appealed.
The appellate court noted the rebuttable presumption of permanent alimony was present in this case because of the length of the marriage. In reversing the trial court’s decision, the appellate court reasoned: “But the court did not make a finding in either judgment that at the end of the durational alimony period the former wife would no longer require the financial assistance of alimony to fully support her needs and necessities of life as they were established during the marriage. [internal citations omitted]. The court did not rely on a particular event or development to occur at the end of eight years or otherwise explain this expiration date. The amount of alimony awarded by the trial court is fully supported in the record. However, the court's denial of permanent alimony in favor of durational alimony for eight years, without explanation of how the former wife's ongoing need for support will expire after eight years, is reversed, and this case remanded for reconsideration of the proper type of alimony. If the trial court again concludes that durational not permanent alimony is appropriate, the court must support this determination with findings of fact regarding how the court arrived at the termination date and what change in the former wife's need or the former husband's ability to pay would take place by that date.”
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