What is Permanent Alimony?
Permanent alimony, also known as indefinite alimony or lifetime alimony, is a type of alimony arrangement in divorce proceedings where one spouse is ordered to provide ongoing financial support to the other spouse for an indefinite period, typically until certain conditions are met. It’s called “permanent” because it doesn’t have a predetermined end date and can last for the rest of the recipient spouse’s life, unless specific circumstances or conditions outlined in the divorce agreement or court order lead to its modification or termination.
Permanent alimony is less common in modern divorce cases than it once was, as many jurisdictions have shifted towards other forms of alimony, such as rehabilitative or durational alimony. The purpose of permanent alimony is to provide long-term financial assistance to a spouse who may not have the means to support themselves adequately due to factors like age, health, lack of job skills, or other circumstances.
The indefinite duration of permanent alimony typically means that all contributing factors must be thoroughly considered before a final decision is made. There are cases in which the court may rule that a couple has not been married long enough to have established a mutually reliant lifestyle, and permanent alimony is therefore not necessary.
Determining Factors of Permanent Alimony in Florida
Permanent alimony is determined during a couple’s divorce proceeding and will, in most cases, continue indefinitely after the divorce is finalized. There are many considerations that are taken into account when evaluating an alimony settlement.
Factors Considered by Courts:
1. The Length of the Marriage
The duration of the marriage is a significant factor. In Florida, a short-term marriage is generally considered to be less than 7 years, a moderate-term marriage is between 7 and 17 years, and a long-term marriage is 17 years or more. The length of the marriage can influence the type and duration of alimony awarded.
2. Standard of Living During the Marriage
The court considers the standard of living established during the marriage. It aims to allow both spouses to maintain a lifestyle as close as possible to what they enjoyed during the marriage.
3. Financial Resources and Assets
The court assesses the financial resources and assets of both spouses, including income, property, and any other financial holdings. This includes not only the income and assets currently owned but also the potential for future income and assets.
4. Earning Capacities
The court evaluates each spouse’s earning capacity, employability, and any special skills or training. This factor considers whether one spouse needs support to become self-supporting and how long that may take.
5. Contributions to the Marriage
The contributions of each spouse to the marriage, including homemaking, childcare, career support, and any other non-financial contributions, are considered.
6. Age and Health
The age and physical and emotional health of both spouses play a role in determining alimony. Health issues that affect the ability to work or support oneself can influence the court’s decision.
Divorce Attorneys in Boca Raton
Divorce can be a difficult and confusing situation for couples, and understanding spousal support and alimony in a rapidly shifting society can be especially trying. Each marriage and divorce must be evaluated individually in order to make a fair decision regarding permanent alimony. Our team of Divorce Attorneys can work with you to ensure that you are receiving your fair share.
Attempting to separate two interwoven lives is not an easy task, so if you feel that you have questions or need support with your divorce, contact the lawyers of Klein Law Group, at 561-353-2800.