Posted by Nydia Streets of Streets Law in Florida Alimony
The Florida statutes no longer include provisions for permanent alimony. However, a party may still be required to pay alimony for a significant period of time if the following factors are considered:
1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.
2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.
3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.
4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.
Fla. Stat. 61.08(8)(b).
An award of permanent alimony, made prior to the change in Florida alimony laws, was an issue in the case Ferrer v. Larrinaga, 3D22-0409 (Fla. 3d DCA December 13, 2023).
In this divorce case, the evidence showed the former wife was disabled, having been diagnosed with multiple sclerosis prior to the parties’ marriage, and shortly after the marriage, suffering complications from surgery to remove a brain tumor, rendering her unable to work. The parties were married for less than seven years by the time a petition for divorce was filed, making this a short-term marriage under the prior statute. Under then existing law, permanent alimony could be awarded in short-term marriages if there was a finding of exceptional circumstances. The trial court awarded permanent alimony to the former wife and the former husband appealed.
The appellate court affirmed the ruling, holding “As to the award of permanent alimony, we hold that, despite the shortterm nature of the marriage, there is competent substantial evidence to support the trial court’s determination of ‘exceptional circumstances’ and its finding that ‘no other form of alimony is fair and reasonable under the circumstances of the parties.’ See § 61.08(8), Fla. Stat. (2011).” The court concluded “The trial court properly considered the factors enumerated in section 61.08(2), including the duration of the marriage; the parties’ respective ages and physical and emotional conditions; the parties’ actual need, financial resources, employability, earning capacities, sources of income, and ability to pay. The trial court considered the types of alimony appropriate under the circumstances, made the requisite findings, and thereafter entered an award ‘based on a balancing of equities supported by logic and justification.’”
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