Does the Length of My Marriage Make a Difference When I Get Divorced?

Alan R. Burton Attorney at Law

The length of a marriage becomes one relevant consideration for the court to consider in a divorce case if alimony is an issue in the proceedings.

The Florida legislature has attempted to bring some standardization to the awards of alimony in divorce proceedings. Alimony has historically been that unknown “wild card” in contested divorce cases.

Permanent alimony is now reserved primarily for long term marriages, which by statutory definition, is now defined as a marriage in excess of 17 years. A short term marriage is one under 7 years. Anything in between is a marriage of moderate length.

Bridge-the-gap alimony can be awarded to a spouse in a short term marriage, and it may not exceed 2 years. Bridge-the-gap alimony is not subject to modification.

After bridge-the-gap, you will see rehabilitative alimony and durational alimony awards. Rehabilitative alimony is designed to assist the recipient in either re-establishing the skills to be financially self sufficient, or to obtain the skills to do so. This type of alimony may end with non compliance with a proposed plan of rehabilitation on the part of the recipient.

Durational alimony may be awarded for up to a maximum number of years equal to the length of the marriage. The number of years is discretionary, based upon other factors which the court may consider.

You can read the Florida alimony statute by clicking the link attached. All of the factors which the court will consider are included within the statute.

Having appropriate, competent representation in a divorce proceeding is important, and becomes ever more so important when the duration of the marriage increases.

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