Palm Beach Florida Divorce & Family Law Blog
Durational alimony provides a recipient former spouse with financial support for a specific period of time. In Florida, marriages are classified into three categories. They are short term marriages, moderate term marriages, and long term marriages. Short term marriages last less than 7 years. Moderate term marriages last less than 17 years. Long term marriages exceed 17 years. Durational alimony may be awarded when there is a need for support after a short term or a moderate term marriage. Durational alimony may be awarded after a long term marriage when the recipient spouse will no longer have a need for support after a specific period of time.
In a recently decided case captioned Rea-Manna v. Manna, the wife appealed the trial court’s award of durational alimony. The Florida Court of Appeal agreed with the wife, and reversed the lower court’s ruling. The appellate court began its analysis with a discussion about when permanent periodic alimony was appropriate awarded. The purpose of permanent alimony is to meet the needs of the recipient spouse as they were established by the parties during the course of their marriage. Permanent alimony is appropriate when recipient spouses are unable to meet their needs after a divorce is granted. There is a presumption that permanent alimony should be awarded when the parties have been in a long term marriage. This presumption is rebuttable. Permanent alimony will not be awarded when recipient spouses have the ability to meet their needs without financial assistance.
Trial courts in Florida may award durational alimony after the termination of long term marriages when spouses will no longer have the need for ongoing support after a specific period of time. When spouses no longer have a need for ongoing support in order to meet their needs, Florida trial courts may award durational alimony.
In the Rea-Manna v. Manna case, the parties had a long term marriage. The Florida Court of Appeal stated that the trial court failed to make sufficiently detailed findings of fact supporting its decision to deny the wife permanent periodic alimony. The trial court failed to explain the basis for awarding the wife ninety-six months of durational alimony payments. The trial court found that the wife would be able to receive a portion of husband’s pension to defray her expenses, but there was no finding as to when her husband’s retirement would occur. In point of fact, at the trial, there was no evidence that wife would be receiving husband’s retirement benefits after ninety-six months.
In order for an award of durational alimony to be appropriate, the wife would no longer need alimony in order to meet her needs as they were established by the parties during the course of their marriage. The trial court’s award of durational alimony for eight years would only be appropriate if the wife’s need for alimony would expire after eight years. Without a sufficient explanation as to how the wife’s need would be met, the trial court’s ruling was defective, and the Florida Court of Appeal remanded the case back to the trial court for reconsideration of the appropriate amount and duration of alimony that should be awarded. The Florida Court of Appeal stated that if the trial court again awards durational alimony to the wife, it must make detailed factual findings as to how the trial court arrived at the date on which alimony should terminate and how the wife would be able to meet her needs at that time.
To speak with a Wellington divorce attorney to discuss alimony in Florida, contact the Lane Law Firm, P.A. at (561) 363-3400.