Alimony in Palm Beach County, Florida

Alimony – Permanent Alimony in Florida

The presumption in favor of permanent alimony for a long-term marriage can be rebutted by the lack of need or the inability to pay. “We acknowledge the presumption in favor of awarding alimony after a long-term marriage. See § 61.08(4), Fla. Stat. (2010) (classifying as long-term a marriage of seventeen years or more and codifying a rebuttable presumption in favor of alimony). But the starting point for every alimony determination is need and ability to pay. See § 61.08(2) (“In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.”); see also Austin v. Austin, 12 So. 3d 314, 317 (Fla. 2d DCA 2009). Here, the trial court found that Mr. Payne failed to show a need for alimony over and above his own earning capacity.” Payne v. Payne 

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