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Availability of alimony in Florida divorces

On Behalf of | Nov 7, 2014 | Uncategorized |

In some Florida divorce cases, alimony may be ordered in order to provide financial assistance to one spouse, either for a specified time period or on a permanent basis. In order to obtain alimony, the spouse who wants the court to issue an order for it must first request it from the court during the divorce.

Alimony, if granted, may be durational or permanent. Durational alimony is granted in situations in which a spouse needs financial assistance to get on his or her feet but where permanent alimony would be inappropriate under the circumstances. Such an order will terminate prior to the set period if the person remarries or if either party dies.

Judges may grant permanent alimony as well in certain situations. Such orders are granted when the alimony is necessary to provide for the ongoing financial support and necessities of the spouse. Normally, such orders are reserved for marriages that lasted a long time, although in certain extraordinary situations people whose marriages were short or of moderate length may be able to establish their need through clear and convincing evidence. Permanent alimony awards do not have a set duration attached. However, if the person receiving alimony remarries, the alimony will terminate, as it will upon the death of either party.

Alimony is not always granted just because a person requests it in a divorce. A court may or may not grant such a request, depending on the financial circumstances of both parties and the ability of the requesting party to provide for him or herself. Additionally, such things as a valid prenuptial agreement can foreclose an alimony request in some cases. People who are going through or contemplating a divorce in which alimony may be at issue may benefit by consulting with a divorce attorney.

Source: The 2014 Florida Statutes, “Chapter 61 DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING“, November 06, 2014


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