On behalf of The Law Office of Gustavo E. Frances, P.A.
As you may or may not know, alimony – which is also commonly referred to as spousal support – can vary in duration, amount, and type. Many of you might think that permanent spousal support is something only a small percentage of spouses can get.
In reality, however, getting permanent alimony in Florida is not something out of extraordinary. And today, our Fort Lauderdale spousal support attorney is going to explain who is eligible to receive alimony payments from the date of divorce and for the rest of your life.
When permanent alimony is more appropriate than temporary
When it comes to awarding and determining the amount of alimony, Florida courts consider a long list of factors, including but not limited to the disparity in income and financial resources of the two parties after their divorce.
Our experienced spousal support attorney in Fort Lauderdale at The Law Office of Gustavo E. Frances, P.A., explains that Florida courts determine not only the need for alimony by the receiver but also the payor’s ability to pay alimony for a prolonged period of time.
Other factors will also be taken into account in order to determine the amount and duration of the alimony, which is why a family law judge might decide that permanent spousal support is more appropriate for your particular case than temporary alimony.
When do Florida courts award permanent spousal support after divorce?
Permanent alimony may not be as common as temporary spousal support, but a spouse may be entitled to permanent alimony payments if he or she proves the lack of ability to meet their financial needs and inability to afford the standard of living they got used to during the marriage.
A Florida family court will look into the needs and necessities of the spouse on the receiving end as well as take into account the standard of living during the marriage in order to determine whether or not that party is entitled to receive permanent spousal support.
As its name implies, an award of permanent alimony will be terminated upon the death of either party or if the receiving party gets married again. Our alimony attorney in Fort Lauderdale warns that the payor may also be able to modify or terminate an award of permanent alimony by demonstrating evidence of a substantial change in circumstances. For example, if the payor is no longer able to afford the amount ordered in the award of permanent alimony, he or she may be able to modify that amount because this would qualify as a “substantial change in circumstances.”
Long-term vs. short-term marriage in awarding permanent alimony
Some of you might wonder, “When is permanent alimony awarded in Florida?” Our Fort Lauderdale alimony attorney from The Law Office of Gustavo E. Frances, P.A., explains that this type of spousal support is normally awarded after the dissolution of a long-term marriage.
In case you are wondering, family courts in Florida consider a marriage to be of “long duration” if it lasted a minimum of 17 years. But does it mean that you will be unable to get an award of permanent alimony if your marriage lasted less than 17 years? Not really, as the family court might find other “exceptional circumstances” to justify permanent spousal support.
Regardless of whether you are on the receiving or paying end, consult with our divorce attorneys at The Law Office of Gustavo E. Frances, P.A. Call our offices at 954-533-2756 for a free case evaluation.