Posted by Nydia Streets of Streets Law in Florida Alimony
Is permanent alimony appropriate in a moderate term marriage in Florida? There is no presumption for or against permanent alimony currently as it relates to a moderate term marriage. It is worth noting that alimony laws may be changed by the legislature soon. Under current statutes, moderate term marriages are between 7 and 17 years, and permanent alimony can be awarded if appropriate based on clear and convincing evidence. This was an issue in the case Beauchamp v. Beauchamp, 6D23-478 (Fla. 6th DCA June 9, 2023).
The former wife in this case suffered from anxiety and depression. By the time a petition for divorce was filed, the parties were married for about 9 years. The former wife was unemployed at the time of the filing. Before the filing, the former husband split bank accounts between the parties and moved out of the marital home. The parties ultimately agreed on the division of all of their assets and debts, and saved the issue of alimony for trial. At trial, vocational experts testified that the former wife was unable to work, and the former wife presented evidence of her chronic mental health issues. The court declined to impute income to the former wife and awarded her durational alimony of $2,000 per month for a short period of time, reasoning she would be able to draw on her retirement by the time the alimony was scheduled to end. The court declined to award attorney’s fees to the former wife. The former wife appealed.
The former wife argued she should have received permanent alimony. The appellate court disagreed. It held “The trial court made findings associated with each factor in section 61.08(2) and determined Former Wife’s claim for permanent periodic alimony wanting in light of the substantial assets she received. The trial court is required to consider ‘nonmarital and the marital assets . . . distributed to each’ in determining the amount of alimony. § 61.08(2)(d), Fla. Stat. (2020). Additionally, the trial court was not convinced that Former Wife’s condition was permanent, such that an award of permanent alimony would be warranted. Accordingly, we affirm that portion of the judgment.”
Regarding the denial of attorney’s fees, the court held “The standard of review for an award or denial of attorney fees in a dissolution of marriage action is abuse of discretion. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980). ‘[T]he most important factor in awarding attorney’s fees is the financial resources of each party.’ Rosen v. Rosen, 696 So. 2d 697, 700 (Fla. 1997). Here, Former Wife received sufficient assets as a result of the equitable distribution. We do not find an abuse of discretion in denying her request for attorney fees. See Lovell v. Lovell, 14 So. 3d 1111, 1117 (Fla. 5th DCA 2009).”
Scheduled your meeting with a Miami family law attorney for specific guidance in your case.