In Florida, alimony is intended to provide financial support to a spouse after divorce, and there are several types of alimony that can be awarded, depending on the circumstances of the marriage and the needs of each party.
One of the most common forms of this support is durational alimony, which is outlined under Florida Statute 61.08(a). This type of alimony is designed to assist a spouse for a set period following a divorce, generally reflecting the length of the marriage.
Ft. Lauderdale Lawyer for Durational Alimony
Durational alimony is a flexible solution that aims to provide temporary financial assistance to a spouse following a divorce. Governed by Florida Statute 61.08, it is typically awarded in cases involving short-term or moderate-term marriages where permanent support is not justified. The goal of durational alimony is to help the receiving spouse transition to a financially independent life, while also ensuring fairness to both parties.
Call Bacchus Law Firm for more information about how our experienced family law attorney can help you. We have handled many dissolutions of marriage cases and secured alimony for many clients.
Our offices are centrally located at 401 E. Las Olas Blvd. in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you have been arrested or are subject to investigative procedures in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm immediately.
Call (954) 500-5555 for a face-to-face consultation.
- What is Durational Alimony?
- Florida Statute 61.08
- Duration and Modification of Durational Alimony
- Limitations to Durational Alimony
- Examples of Durational Alimony in Practice
- Factors Affecting Durational Alimony Awards
- Additional Resources
- Hire a Lawyer for Durational Alimony in Broward County, FL
What is Durational Alimony?
Durational alimony provides financial support for a specific length of time following a divorce. It has replaced the recently eliminated permanent alimony as the standard form of alimony awarded. The length of durational alimony is dependent upon the length of the marriage, but is not available for spouses whose marriages lasted less than 3 years.
The purpose of durational alimony is to help the receiving spouse transition to financial independence. This type of alimony is often awarded when rehabilitative alimony (which is intended to support a spouse while they gain education or training) is not suitable, but there is still a need for some level of support after the marriage ends.
An award of durational alimony terminates upon the death of either party or upon the remarriage of the obligee.
Florida Statute 61.08
The rules governing alimony in Florida, including durational alimony, are outlined in Florida Statute 61.08. According to the statute, the court must consider several factors when determining whether to award alimony and which type to award. These factors include:
- The standard of living established during the marriage
- The length of the marriage
- The age and physical and emotional condition of each party
- The financial resources of each party, including the distribution of marital assets and liabilities
- The earning capacities, educational levels, vocational skills, and employability of the parties
- The contribution of each party to the marriage, including homemaking, child care, education, and career-building of the other party
- All sources of income available to either party
Duration and Modification of Durational Alimony
The length of durational alimony cannot exceed the length of the marriage. For example, if a couple was married for 10 years, the maximum duration for alimony would be 10 years. This limitation helps ensure that the support provided is proportionate to the time spent in the marriage.
Durational alimony is awarded based on whether the marriage was of a short, moderate or long term:
- Short-term marriages: Lasting less than 10 years but more than 3 years, eligible for up to 50% of the marriage’s length.
- Moderate-term marriages: Lasting between 10 and 20 years, alimony is capped at 60% of the marriage length.
- Long-term marriages: Any union surviving 20 years, alimony is capped at 75% of the marriage length.
Modifying durational alimony is possible but limited. The amount of alimony can be modified if there is a substantial change in circumstances, such as a significant change in income for either party. However, the duration of the alimony award cannot be modified except under exceptional circumstances. This rigidity provides certainty to both parties regarding how long the payments will continue.
Limitations to Durational Alimony
In addition to the above caps on duration, there are limits to what may be awarded for durational alimony:
- The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less. Net income shall be calculated in conformity with s. 61.30(2) and (3), excluding spousal support paid pursuant to a court order in the action between the parties.
- The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.
Examples of Durational Alimony in Practice
To better understand how durational alimony works, consider the following examples:
Example 1: Susan and John were married for 15 years. During the marriage, John was the primary breadwinner, while Susan worked part-time and took care of the household and their two children. Upon divorce, the court determines that Susan needs financial support to maintain a similar standard of living while transitioning to full-time employment. The judge awards durational alimony for 6 years, allowing Susan time to adjust and become financially independent.
Example 2: Mark and Linda were married for 5 years. Both worked full-time, but Linda earned significantly less than Mark. Linda needs some financial support to adjust after the divorce. The judge awards durational alimony for 2 years, providing Linda with temporary support to help her maintain stability while she seeks better employment opportunities.
Factors Affecting Durational Alimony Awards
In Florida, the amount and duration of durational alimony are not determined by a fixed formula. Instead, the judge has broad discretion to evaluate the unique circumstances of each case. These include factors such as:
- The length of the marriage
- The needs of the receiving spouse
- The ability of the paying spouse to provide support
The court may also consider whether the receiving spouse has the potential to become self-sufficient. For instance, if the receiving spouse has marketable skills but needs time to re-enter the workforce, durational alimony can be used as a bridge to independence. In contrast, if the receiving spouse is already self-sufficient, the court may decide that no alimony is necessary.
Additional Resources
Durational Alimony in Fla. Statutes – Read the official state verbiage on alimony statutes, including durational, temporary and other types of alimony.
Hire a Lawyer for Durational Alimony in Broward County, FL
We take cases throughout the Miami-Ft. Lauderdale area in counties like Collier County, Palm Beach County, Hendry County, and Miami-Dade County.
Our office is centrally located at 401 E. Las Olas Blvd. in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you are seeking help with a divorce, time-sharing agreement, or similar family law issue in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm.
Call (954) 500-5555 for a face-to-face consultation and allow one of our experienced attorneys to walk through your options with you.
