Many Jupiter couples who divorce after many years of marriage want to know about the possibility of Permanent Alimony in Florida.
In a previous post, we briefly defined the different types of alimony in Florida.
Permanent Alimony (also called Permanent Periodic Alimony) is permanent in the sense that it is in effect until the death of one spouse or the remarriage of the spouse receiving alimony. It is called periodic because payments are made on a regular basis (as opposed to a one-time lump sum or as-needed basis).
Permanent alimony is typically the last-resort alimony, if no other type of alimony applies. Read about the other types here.
Recent News about Permanent Alimony in Florida
In May 2013, Florida Governor Rick Scott vetoed a bill (SB 718) that would have ended permanent alimony in Florida. Had it become law, Florida would have become the 5th state in the U.S. to abolish permanent alimony. The bill passed the House 85-31 and was approved by the Senate 29-11, but four hours before the deadline, Governor Scott vetoed it.
Senate Bill 718 would have made it harder to get alimony in short-term marriages and prevented alimony payments from lasting longer than half the length of the marriage. The bill also would have required judges to give divorced parents equal custody of their children, absent extraordinary circumstances.
Scott said he didn’t agree with how the proposed law would be applied retroactively to Florida divorcees and families, but those in favor of the proposed law say the old law is outdated and unfair, and changes need to be made.
The debate surrounding permanent alimony in Florida is not likely over, so we will keep you posted on any new developments.
Permanent alimony is based on two things: 1) a need for support, and 2) an ability to pay.
Frequently Asked Questions about Permanent Alimony in Florida
1. Can permanent alimony be modified?
Yes it can. Like other forms of alimony, permanent alimony can be modified based upon a showing of a substantial change in circumstances or the existence of a “supportive relationship.” The only time it cannot be modified is if the parties agree in writing to a non-modifiable permanent alimony. Permanent alimony automatically terminates if one spouse dies or if the receiving spouse remarries.
2. How does the court decide if permanent alimony is appropriate?
To determine whether permanent alimony in Florida is appropriate, the court has discretion to decide whatever it thinks is fair and equitable. However, in doing so, the court must consider the following factors:
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and the physical and emotional condition of each party.
- The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
- The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
- The responsibilities each party will have with regard to any minor children they have in common.
- The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
- All sources of income available to either party, including income available to either party through investments of any asset held by that party.
- Any other factor necessary to do equity and justice between the parties.
3. Is permanent alimony only for long-term marriages?
Permanent alimony in Florida is generally considered for long-term marriages. There is a rebuttable presumption that marriages lasting 17 years or longer are long-term, marriages lasting 7 years or less are considered short-term marriages, and marriages lasting between 7-17 years are considered to be of medium or moderate duration.
Permanent periodic alimony may be awarded following a long-term marriage if appropriate, a medium marriage if clear and convincing evidence exists, and a short-term marriage under exceptional circumstances.
4. Is permanent alimony forever?
As stated above, permanent alimony terminates automatically upon the death of one spouse or the remarriage of the receiving spouse. It can also be modified by the courts for substantial change in circumstances or supportive relationships, unless the parties signed an agreement that the permanent alimony would be non-modifiable.
If you are getting a divorce in or around Jupiter and have questions about your rights when it comes to alimony, contact an experienced divorce attorney like George Gelb.