How Long Do You Have to Be Married to Receive Alimony?

Spousal support, more commonly referred to as alimony, is an important aspect of many divorce cases. Alimony is sometimes awarded when a lower-earning spouse requires financial support after ending their marriage. The higher-earning spouse will then make regular payments to provide that support. There are many guidelines and factors that determine whether a spouse is eligible for alimony and how long payments are made. Below, our Orlando spousal support lawyer explains further.

When is Alimony Awarded? 

The courts take many factors into consideration when making decisions on alimony. First, the person seeking support must show that they have a financial need. This can be due to a lack of employability, low income, or substantial disparities in economic resources compared to their spouse. The spouse who may be ordered to pay must also have the financial ability to do so. The court will make this determination based on their assets, income, financial obligations, and earning capacity.

In addition to a financial need and the ability to pay, the court will also take other factors into account when deciding on alimony. These include:

• The contributions each spouse made to the marriage
• The standard of living maintained during the marriage
• The age and health of each spouse

In addition to the above, the courts will also consider the length of the marriage when making decisions on alimony.

Alimony and the Length of a Marriage 

When the courts are deciding on alimony, the duration of the marriage is an important factor. Short-term marriages in Florida are classified as those that were less than seven years. Alimony may still be awarded after a short marriage, but the duration will not typically be very long. In these cases, alimony is used to provide temporary support, or to pay specific expenses, such as vocational training.

Marriages that last between 7 and 17 years in Florida are considered moderate-term. Alimony awarded after a moderate-term marriage is longer than after a short-term marriage, particularly if the spouse paying has significantly more financial resources than the recipient.

Any marriage that lasts 17 years or longer is considered a long-term marriage. Alimony awards in these cases have the longest duration. The more dependent the recipient was on the paying spouse during the marriage, the longer the duration of the alimony award. The standard of living established during the marriage is also given more consideration when spouses were married for a long time.

It is important to note that permanent alimony is no longer awarded in Florida. Governor Ron DeSantis signed SB 1416 after years of debate about alimony in the state’s legislature. This marked the end of permanent alimony, as of July 2023.

Our Spousal Support Lawyer in Orlando Can Advise On Your Case 

Whether you need to pursue alimony or defend against unfair requests for it, our Orlando spousal support lawyer can help. At Anderson & Ferrin, P.A., our experienced attorneys can provide the sound legal advice you need and give you the best chance of a positive outcome. Call us today at 407-412-7041 or contact us online to schedule an appointment with our attorney and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html