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Durational Alimony

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.

Our 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

If 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. Our family law team looks forward to helping you!

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