WHAT IS PERMANENT ALIMONY?
In Florida a court could award a spouse Permanent Periodic Alimony. This means that the award is permanent in the sense that it continues until the death of either spouse or a remarriage of a receiving spouse.
It is Periodic Alimony as it is an amount to be paid regularly Permanent periodic alimony is based on a need for support, and an ability to pay. The ability of a spouse to pay is based on present earnings, not on what the spouse may make in the future. Like child support, alimony is often paid through income deduction order.
The court has almost unbridled discretion in considering whatever is needed to do justice and equity between the parties. However, the court must consider the following factors:
Duration of Marriage
The length of the marriage bears a direct relationship on the decision of how much alimony if any to be awarded. There is a rebuttable presumption that a marriage of less than ten years is short term, between ten and twenty years is moderate, and a long term is a duration of 20 years or greater. Permanent periodic alimony may be awarded following a long term marriage, a medium marriage if appropriate, and a short term marriage where there are exceptional circumstances present.
Standard of Living
The standard of living of the parties during the marriage is evidence of need of one of the parties and evidence of the other’s ability to pay. It has been said that permanent alimony may be used to provide support for the payee in the “manner in which she has become accustomed.” The party paying the alimony cannot be required to support the spouses standard of living if it exceeds his financial ability to do so. For example, courts are increasingly seeing examples where a parties “standard of living” was borrowed on the back of excessive credit cards, loans, etc. The courts will not require that the spouse be kept in the same standard of living if the parties were really living beyond their means. Likewise, if the payer spouse lost his or job or had a decrease in income through no fault of their own, the Courts will not order alimony that exceeds his new financial capabilities.
Age and Physical and Emotional Conditions of the Parties
Permanent alimony is appropriate when a party can demonstrate that he or she will be unable to become self supporting in the future because of age or physical or emotional condition. The court needs to consider the age and physical condition of both parties. However, the alimony award must be based on current present conditions, not speculative conditions of what might happen in the future.
Financial Resources of Each Party
The court must consider the financial resources of the parties, including marital and nonmarital assets and liabilities distributed to each, and all sources of income, including investment income. In a long term marriage where one party makes twice the income of the other party, it is error to not award permanent periodic alimony.
Imputed Income
Employment income can be imputed on a party in appropriate circumstances. This can be done if it can be shown to the court that the party is under earning, and could or should be earning more income. A voluntary reduction of income by a party in an attempt to skirt alimony has been found enough to impute the former higher income on the skirting party and based alimony on that amount.
Earning Capacity and Time Required To Obtain Training Or Education
This is more important when it comes to rehabilitative alimony (see below). However, in all cases the court must consider the earning capabilities, educational levels, and employability of the parties, and when applicable the time needed for either party to acquire sufficient education or training to enable the party to find appropriate employment.
Contributions to the Marriage
The courts recognize that the raising children and running a household are often just as important and difficult as the breadwinner role. Each party is a partner in the marriage and each party is entitled to the fruits of the marriage. Accordingly, a wife’s duties as mom and housewife should be given recognition equal to the money earning capabilities of the husband.
Marital Misconduct
Alimony and spouse abuse may be considered factors in awarding alimony. However, only martial misconduct that depletes the marital assets is relevant for alimony purposes. Even outrageous, reprehensible conduct by a party does not justify alimony unless it causes financial waste.
These are all very difficult matters to work with and there is no clear cut answer to many questions, short of getting an order from the court.
If you find yourself in such a position it is best to consult an attorney with substantial experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.
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