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What Is Durational Alimony?

The state of Florida recognizes several forms of alimony payment options; one of the most common is durational alimony.

Durational alimony provides one former spouse with economic assistance for a period of time; the length of time the payments are granted can’t exceed the length of the marriage.

When Is Durational Alimony Granted?

Durational alimony is designed to assist the lesser-earning spouse after divorce. These payments aid the former spouse in maintaining the standard of living they enjoyed during the marriage.  This type of alimony is generally granted based on the length of time the couple was married.

Florida classifies marriage in three ways:

  1. Short-Term Marriage: A marriage that lasted 7 years or less.
  2. Moderate-Term Marriage: A marriage that lasted 8 to 16 years.
  3. Long-Term Marriage: A marriage that lasted 17 years or more.

Durational alimony can only be awarded if the marriage was short- or moderate-term.

Need and Ability to Pay

If there is need for alimony, the court must also check to make sure the other spouse can pay for it. The court will not award alimony if doing so would leave the paying spouse with less income than the recipient.

If need and ability make sense for the situation, a judge will then look at a few other situational factors before awarding durational alimony.

These factors include:

  1. the finances of the spouse seeking alimony (including separate property and any marital property);
  2. all sources of income available to either spouse;
  3. the earning capacity of each spouse (educational history, vocational skills, and employability);
  4. the time and expense required by the spouse seeking alimony to receive an education or training program for employment;
  5. the standard of living;
  6. the length of the marriage;
  7. the age, physical, and emotional condition of each spouse;
  8. contribution to the marriage (homemaking, education, child care, and career building);
  9. tax consequences of the alimony; and
  10. the responsibilities of childrearing for each spouse.

Courts may also take adultery into account if one spouse caused financial damage to the other spouse or marital property.

Consult Tinny, Meyer & Piccarreto, P.A.

If you are going through a divorce and would like to seek durational alimony, contact our firm today. We are a team of passionate attorneys that will do everything we can to ensure you maintain the standard of living you enjoyed while married.

Contact us online or give us a call at (727) 245-9009 for a case evaluation.

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