What is Durational Alimony?
Explained by a Jacksonville Divorce Attorney
If you are obtaining a divorce, you may be wondering if durational
alimony will be awarded in your case. If so, how much and for how long? At Hutchinson
Law, we understand how divorce brings a great deal of financial uncertainty,
and sometimes people put off filing for a much needed divorce because
they are concerned about the financial implications that it might bring.
Jacksonville divorce lawyers know that divorce brings considerable financial pressure; whether one
is looking to be on the paying or receiving end of alimony, both sides
stand to face some serious financial shifts. We want you to know that
we are here to inform you of your rights, be your greatest legal advocates,
and guide you every step of the way.
Florida's Alimony Laws
In a Florida divorce, the court may decide to grant alimony to the husband
or wife, which may be: bridge-the-gap, rehabilitative, durational, or
permanent, or a combination of any of the above.
When a court awards alimony, it may order periodic payments, a lump sum
payment, or both. Additionally, a court may consider adultery on behalf
of either spouse for the purposes of determining the amount of alimony,
if any, to be awarded.
If the court finds that one party has the need for alimony or maintenance,
and the other has the ability to pay it, the court shall consider the
following factors when making a determination:
- The standard of living established during the marriage
- The length of the marriage
- The age of both parties
- The physical and emotional health of both parties
- All available financial resources of each party
- The earning capacities of each party
- Child custody considerations
About Durational Alimony
permanent periodic alimony is inappropriate, durational alimony may be awarded. Durational alimony
is intended to provide economic assistance to a spouse for a set period
of time following a marriage of short, moderate, or long duration if there
is no ongoing need for support on a permanent basis.
Durational alimony terminates upon the remarriage of the party receiving
alimony, or upon the death of either party.
Can durational alimony be modified?
Yes, absolutely. The amount of durational alimony may be
modified or terminated based on a substantial change of circumstances, however,
the length of durational alimony cannot be modified except under exceptional
circumstances, and it cannot exceed the length of the marriage.
To learn more about durational alimony, contact us at (904) 638-3134, or
please fill out our
online case evaluation form. We look forward to helping you!