Permanent Periodic Alimony
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Permanent alimony, or permanent periodic alimony, is generally defined as that financial support given from one spouse to another to maintain the standard of living set forth when the marriage was intact. Many parties face the issue of alimony as part of their divorce. Florida divorce law can be very confusing, especially when it comes to the area of alimony.
Permanent alimony, unlike other types of alimony, can continue indefinitely and may remain intact until the receiving spouse remarries, dies, or enters into a supportive relationship. For a spouse to be eligible for permanent alimony, usually the marriage has to have been long-term. Although Florida case law varies when defining a long term marriage many cases support that a permanent alimony award is proper for marriages that have lasted at least 14 years. Generally, either the ex-husband or the ex-wife can be eligible to receive alimony.
Because of the importance alimony can play in a divorce and the impact it has on both parties, it can often be a very litigious area. If the parties can both agree, however, to a spouse's respective need for alimony and the other spouse's ability to pay, they may be able to avoid costly litigation by working together. In the event the parties are able to take a collaborative approach to resolving their alimony issues and agree on the terms and conditions of the alimony payment then they may be eligible for a collaborative option.
What the Court Considers for Permanent Alimony
There are several different factors that the Florida family courts will look into when the issue of alimony is being settled. Some of the following are important aspects of your marriage that the courts will want to take into account:
- Duration of the marriage
- Non-marital and marital assets and liabilities distributed to both spouses
- Sources of income available to each spouse
- Standard of living established during the relationship
- Age, physical condition and emotional condition of each spouse
- Contribution to the marriage (including child-rearing, homemaking, education, career building, etc.)
Permanent alimony can be awarded when one spouse cannot maintain the standard
of living set forth during the marriage. The spouse with more financial
stability will be required to pay the other a set monthly amount.
These alimony payments are tax-deductible to the paying spouse and are taxable income to the receiving spouse. If you have questions about spousal support and what to expect from your divorce, you can speak with a qualified alimony attorney at Givens Law Group. We are extremely familiar with all types of alimony, and we will be able to speak with you about your circumstances to give you an idea of what you can expect from your divorce.
Divorce Lawyers Who Put Your Needs First
At the Givens Law Group, we have handled thousands of divorces and, in many of which, alimony has played a major role. We use our more than 100 years of combined legal experience to draft the terms and conditions of the martial settlement agreement and ensure that your alimony agreement with your spouse is properly memorialized.
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Our family of attorneys is dedicated to our clients and believe they should all be supported like family.
We believe that all family law issues should be resolved in a fair and timely manner.
Our firm uses our decades of experience to provide your family with the knowledge and expertise that you deserve.