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When Is Permanent Alimony Awarded?

Alimony is a payment one spouse gives to the other during divorce proceedings or for a set period of time after the divorce is finalized. Most alimony is temporary and ends when the receiving spouse can independently support themselves. However, sometimes alimony is awarded to a former spouse until a court deems it unnecessary.

Factors of Permanent Alimony

Permanent alimony is primarily awarded when a spouse lacks the financial capacity to meet the standard of living they were accustomed to before the divorce. The longer the marriage, the more likely permanent alimony becomes.

When awarding permanent alimony, the court takes into account the:

  1. marital standard of living;
  2. marital duration;
  3. age of each person;
  4. emotional and physical condition of each person;
  5. financial resources of each person;
  6. earning potential, level of education, vocational skills, and employability of each person; and
  7. contributions each person brought to the marriage.

Can Permanent Alimony Be Terminated?

Permanent alimony will automatically terminate under two circumstances:

  1. One spouse passes away.
  2. The receiving spouse remarries.

A paying spouse can modify awards of alimony if either party experiences a severe change in financial circumstance.

A change in circumstance may include the:

  1. receiving spouse inherits a substantial amount of money;
  2. receiving spouse wins the lottery;
  3. receiving spouse acquires a valuable gift or pay raise;
  4. paying spouse retires;
  5. paying spouse experiences unemployment;
  6. paying spouse has an involuntary decrease in their ability to pay alimony.

An alimony award may also be modified if the receiving spouse generates more money than the paying spouse. In addition, if the receiving spouse is in a relationship where they are being supported by another person, alimony could be terminated or modified.

Our Permanent Alimony Attorneys Are On Your Side

If your ex-partner is attempting to terminate your permanent alimony, we can help. Our attorneys will aggressively fight for your right to alimony and do all we can to protect that award.

Call our firm today at (727) 245-9009 or contact us online for a case evaluation.

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