Question:
I am curious about recent amendments to Florida alimony law and whether I am entitled to permanent alimony. My Husband and I were married for thirteen years. We are now separated and our two children (11 and 8 years of age) primarily reside with me in the marital home. During the marriage, I did work except brief periods of maternity leave. I currently am 40 years of age, have a BS degree in business management, and currently earn approximately $50,000 per year. On my salary and raising two boys, I can barely meet my living and household expenses not to mention child-related expenses. My Husband is 43 years of age, good health, has a Masters’ Degree in engineering and currently earns about $125,000 per year with benefits. Am I entitled to permanent alimony? I need support.
Answer:
Effective July 1, 2010, recent amendments to Florida’s alimony statute took effect. In regards to your question, Florida law now defines a long term marriage as 17 years or longer in length; a moderate term as being 7 years but less than 17 years; and a short term as being less than 7 years. Your marriage falls within the moderate term and permanent alimony may be awarded to you. For example, you may argue that your Husband has a significantly higher earning capacity than you as well as a higher education level. Further, you may argue that the most you can earn is $50,000 in today’s market whereas your Husband may be able to earn even more than his current level in light of his employment skills.
In the event you are not awarded permanent alimony, Florida law now provides for “durational alimony” which may also be awarded in moderate-term marriages. Durational alimony is awarded to “provide a party with economic assistance for a set period of time” when permanent alimony may not be appropriate. Section 61.08(7), Florida Statutes. I would argue that, in light of your living/ household expenses as well as standard of living expenses, such as grooming, social clubs, entertainment and vacations, you are a candidate for durational alimony.
Another form of alimony is “bridge-the-gap” alimony, which is awarded “to assist a party by providing support to allow the party to make a transition from being married to being single.” Section 61.08(5), Florida Statutes. The length of such an award may not exceed two years. Again, based on the information provided by you, I would argue that you have a claim to permanent alimony, in the alternative, durational alimony for a period of time exceeding more than two years.
The foregoing is not intended as legal advice. If you are in need of legal advice and/ or more information on the recent amendments to Florida’s alimony statute (section 61.08), the please feel free to schedule a free initial consultation.
