Appellate Court Trends in Permanent Alimony for Gray Area Divorces: 1997-2007

In 1980 Florida Supreme Court defined permanent alimony as providing for the needs of a former spouse after a marriage. The factors considered in determining alimony have not changed, but the emphasis on these factors has. Appellate courts now consider additional factors such as children and career limitations due to the marriage. This article will examine developments in the case law in the past 10 years, organized by the factors courts consider when deciding on permanent alimony. This article only discusses cases since 1997 and initial awards of permanent alimony, not modification proceedings. The length of a marriage and each person’s contribution to the marriage are important factors in determining whether one spouse should receive permanent alimony in a divorce. Courts have different limits for what they consider a “gray area” marriage, but generally, marriages lasting between six and 16 years fall into this category. Courts use this gray area to support both denials and awards of permanent alimony. In some cases, permanent alimony (financial support after a divorce) can be denied based on the length of the marriage. For example, a court denied permanent alimony in a 7-year marriage and a 15 and a half-year marriage because they were not long enough. But in other cases, courts have awarded permanent alimony in longer gray area marriages, like a 16-year marriage, because the length of the marriage was considered important. So, the length of the marriage can be a big factor in whether someone gets permanent alimony or not. The age of the spouse and the difference in their incomes are important factors in determining if permanent alimony should be awarded in a gray area marriage. If one spouse is significantly younger or has a much lower income potential, they may be more likely to receive permanent alimony. However, recent trends in court decisions may place even more emphasis on the income difference between the spouses. In cases where one spouse earns a lot more than the other, the courts may award permanent alimony, especially if the lower-earning spouse stayed home to take care of the children. However, just the difference in income alone may not be enough to qualify for permanent alimony. The courts also consider the presence of minor children in making their decisions. If one spouse stayed home to care for the children during the marriage, that can be a significant factor in awarding permanent alimony. But simply wanting to continue staying home with the children after the divorce may not always lead to getting permanent alimony. In a gray area marriage, a spouse with health problems may receive permanent alimony if the health problems make it hard for them to work and if the health problems started during the marriage. Mental health can also be considered if it affects a person’s ability to work. If a spouse has to take care of a sick child, they may also get permanent alimony. But if a spouse has some health problems but can still work, they may not get permanent alimony. Each case is looked at individually before a decision is made about permanent alimony. Spouses’ verbal agreements about one staying home to take care of the children can be an important factor in determining permanent alimony in marriages of a certain length. However, recent court decisions show that the importance of the couple’s standard of living in determining alimony may be changing. In Florida, different court districts have different views on how important the standard of living during a marriage is when deciding alimony (financial support) after a divorce. Some districts think it’s very important, while others think it’s not as crucial. They say that after a divorce, the standard of living for both people might go down. They also say that alimony should only be as much as the paying person can afford. So, the standard of living during the marriage is important, but it’s not the most important thing when deciding alimony. In the past 10 years, there has been a lot of research on permanent alimony cases, but it’s hard to predict the outcome. In marriages that are in a gray area, it’s more likely for one spouse to get permanent alimony, but for long-term marriages, it’s tough to predict. The decision depends on all the facts presented. Without alimony guidelines, it’s hard to predict the outcome because it’s based on what the judge thinks is fair. This text discusses the factors that Florida courts consider when deciding on permanent alimony in divorce cases. These factors include the standard of living established during the marriage, the length of the marriage, the age and health of each party, their financial resources, and how long it will take for them to find a job. The text also provides examples of cases where permanent alimony was either affirmed or reversed by the court. It also mentions some court cases where income disparity and the marital standard of living were significant factors in determining permanent alimony. Victoria M. Ho is a lawyer who specializes in family law and is a partner at a law firm in Naples. She is very experienced and has received special certification in this area of law.

Stephanie A. Sussman is a lawyer who works with Victoria M. Ho at the same law firm. She also has a lot of knowledge in family law and has degrees from several different universities.

This information was provided by the Family Law Section. Their goal is to teach their members about their responsibilities to the public, improve how the legal system works, and advance the study of law.

Source: https://www.floridabar.org/the-florida-bar-journal/appellate-court-trends-in-permanent-alimony-for-gray-area-divorces-1997-2007/