What is Permanent Alimony?
Permanent alimony is one of many different types of spousal support that can be ordered by the court in a Florida divorce. This is the most common type of alimony that spouses think of when they consider whether or not spousal support will be a part of their divorce, and it comes as a surprise to many that permanent alimony is only actually awarded in specific circumstances. If you are considering divorce in the Tampa Bay area and would like to speak with a professional about your case, call or contact the law office of Blair H. Chan, III today to schedule an initial consultation.
What is Permanent Alimony?
Permanent alimony is spousal support that exists for an indefinite duration. This type of alimony is deemed appropriate to provide for a spouse’s needs and necessities of life when that spouse lacks the financial ability to provide for themselves after the marriage. In order to receive permanent alimony, the court must determine that no other types of spousal support are appropriate for the case. Permanent alimony terminates only after the remarriage of the recipient spouse or the death of either spouse.
Factors Considered When Determining Permanent Alimony
There is a rebuttable presumption for permanent alimony in cases where the marriage lasted for seventeen years or longer and the argument can be made for marriages that last between seven and seventeen years with clear and convincing evidence to the court. Short term marriages of less than seven years can only be awarded permanent alimony under exceptional circumstances.
One of the most common reasons for awarding permanent alimony is the age of the spouses. If the recipient spouse is too old to reenter the workforce or has physical limitations that restrict the ability to work, permanent alimony may be appropriate. Another reason permanent alimony may be appropriate is if one spouse is the sole caretaker for a child or family member with disabilities. The court will also look at the standard of living during the marriage, the financial resources of each spouse, the educational levels and earning capacities of each spouse, each spouse’s contributions to the marriage, and more when determining whether permanent alimony is appropriate.
Other Types of Florida Alimony
The court may determine that other types of spousal support are appropriate in your case. Temporary alimony is awarded while the divorce is ongoing to cover immediate costs. Durational alimony is periodic alimony that terminates after a set period of time after the marriage. Bridge-the-gap alimony covers the final costs of the marriage and immediate needs after the divorce. Rehabilitative alimony is awarded to help one spouse receive the education or training necessary to enter the workforce following a divorce.
Talk to Our Office Now
Are you considering filing for divorce in Florida and would like to learn more about potential alimony payments in your case? Call the office or contact us today at the law office of Blair H. Chan, III to schedule an initial consultation and speak with an experienced Tampa divorce attorney now.