Posted by Nydia Streets of Streets Law in Florida Alimony
What is the standard for awarding permanent alimony in a Florida divorce? Currently, Florida law provides that there is a presumption that permanent alimony is appropriate in marriages lasting 17 years or longer, known as long-term marriages. It is usually an abuse of a court’s discretion to fail to award permanent alimony in a long-term marriage unless the presumption is overcome by competent, substantial evidence. This was an issue in the case Manna v. Manna, 1D21-892 (Fla. 1st DCA March 23, 2022).
The parties were married for at least 17 years, and the former wife sought permanent alimony. The court denied this request and instead granted her 96 months of durational alimony. The court’s final judgment did not detail how it arrived at the conclusion that the amount of alimony awarded was appropriate, nor were there any findings that the presumption of permanent alimony should be overcome. The former wife appealed.
The appellate court reversed, holding “The trial court was required to make a finding that at the end of the durational alimony period former wife would no longer require the assistance of alimony to fully support her needs and necessities of life as they were established during the marriage. [internal citation omitted]. The trial court’s denial of permanent alimony in favor of durational alimony for eight years—without any explanation of how former wife’s ongoing need for support will expire after eight years—requires this court to reverse and remand for reconsideration of the proper type of alimony.”
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