Appellate Court Trends in Permanent Alimony for Gray-Area Divorces

This article provides guidance for lawyers looking to argue for permanent alimony in Florida for marriages that lasted 5-20 years. It discusses important factors like the age of the spouse and the length of the marriage that judges consider when granting or denying permanent alimony. It also mentions a key court case that established the principles for awarding permanent alimony. The article aims to help lawyers make their case by providing examples of similar cases and the outcomes. When it comes to deciding whether one spouse should receive permanent alimony in a divorce, the length of the marriage, the age of the spouse, and the difference in income are all important factors. A marriage of 5-20 years may not necessarily lead to permanent alimony, and even a young spouse may receive it if there are other important reasons. The difference in income between spouses is also very important, and in some cases, a spouse with a much lower income can receive permanent alimony, while in other cases they may not. The presence of children can sometimes affect the court’s decision on permanent alimony in a divorce. In one case, the court granted permanent alimony because the couple had two young children, and the recipient spouse was the primary caregiver. In another case, the court awarded permanent alimony because one of the children had special needs, making it difficult for the recipient spouse to work and support herself. In divorce cases, the health of the spouse receiving alimony is an important factor. Surprisingly, mental health has been more influential than physical health in some cases. For example, in one case, a wife with severe depression was awarded a significant amount of alimony, even though the marriage was short and they had no children. In another case, a wife with severe depression and substance abuse was given permanent alimony because of her health issues and the big difference in income between her and her husband. The court also mentioned that she could potentially recover and get a job, so she might receive less alimony in the future. In cases of divorce, agreements between spouses about who will make sacrifices for the family, like giving up a career for the other spouse to focus on their education or job, are taken seriously by the courts. These agreements can affect decisions about alimony (financial support) and are considered along with the spouses’ income differences and ability to support themselves. For example, in one case, a wife was awarded permanent alimony because she had agreed to stop working and take care of the kids while her husband pursued a higher-paying career. In another case, a husband’s sacrifices for his wife’s medical education and career were also considered when deciding on alimony. The first thing the court looks at when deciding alimony is the standard of living the couple had during their marriage. This factor is important, but courts don’t always consider it consistently. Sometimes they use it to decide alimony, and other times they don’t. It can be useful for getting permanent alimony. In one case, the court granted alimony to a spouse who earned a lot less than the other, because they couldn’t maintain the standard of living they had during the marriage. In another case, the court didn’t grant alimony because the spouse had enough money and property to support themselves. In summary, when seeking permanent alimony for a client in different jurisdictions, the key question to consider is whether there has been a genuine sacrifice and inequity created by the marriage. If one spouse has given up opportunities for education, career advancement, or mental health for the benefit of the other, then the court is more likely to grant permanent alimony. This principle is supported by recent case law and can be used to make a persuasive argument for permanent alimony. The text discusses different court cases in Florida where permanent alimony was awarded in divorce cases. The main factors considered by the courts include the length of the marriage, the age and health of the spouses, the income disparity between the spouses, any agreements made between the spouses, and the standard of living during the marriage. It shows how these factors influence the decision to grant permanent alimony. Victoria M. Ho is a lawyer in Naples. She is really good at family law and has won a prestigious award for it. She went to the University of Minnesota and the University of Wisconsin.

Source: https://www.floridabar.org/the-florida-bar-journal/appellate-court-trends-in-permanent-alimony-for-gray-area-divorces/