Important Highlights You Need to Know About Durational Alimony
If you are considering filing for divorce, knowing there are different types of alimony is essential. They include permanent alimony, rehabilitative, bridge-the-gap alimony, and durational alimony.
If you are still determining what type of alimony you qualify for, it is best to consult an experienced family law attorney. They can help you assess your options and ensure that you receive a fair settlement in your case.
It is not permanent
Just like durational alimony Tampa also known as limited duration alimony, is designed to give the recipient spouse “economic assistance for a set period” after a marriage. It can be awarded in cases of either short-term or moderate-term marriages.
However, it is not permanent because it may be modified or terminated based on a significant change of circumstances. Examples of such changes include retirement, cohabitation with another person, medical issues, or lack of employment.
The term “permanent” was used in the past to imply that alimony could not be changed or renegotiated, but this is not necessarily true. Suppose there was no specific provision in an alimony agreement or order prohibiting such a change. In that case, a court may modify an open-durational alimony agreement based on a significant change of circumstances.
It is not based on income
There is no statutory requirement to earn income to qualify for durational alimony. The judge will examine several factors to determine whether or not the recipient’s spouse needs financial help for a specific period.
For example, a spouse who has stayed home to care for children or property could be awarded permanent alimony if they can return to the workforce and become self-supporting. A spouse in their 70s or older may not qualify for this type of support because it would be too difficult for them to find work.
Open durational alimony was enacted as part of the alimony reform bill passed in 2014. This alimony is intended to assist one former spouse with economic assistance for some time, but it cannot exceed 20 years. The alimony will end when the paying spouse remarries, cohabitates with someone else as though they were married (cohabitation), or when the payee spouse reaches retirement age or dies.
It is not based on assets
The court will consider the lifestyle you enjoyed during your marriage and any time you lived together before your divorce when determining how long durational alimony should be awarded.
For example, if your marital home was in Bridgewater and you moved to Short Hills after the divorce, it could affect the length of durational alimony.
Similarly, suppose you routinely saved most of your income and practiced high frugality while married. In that case, the court may consider your financial savings as a factor in determining whether you should receive spousal support.
In some cases, a spouse’s job loss or retirement may also be considered when determining the length of alimony. This is especially true if one of the parties was not working for an extended period.
It is not based on the length of the marriage
If you are going through a divorce and want to receive alimony, it is essential to know that durational maintenance is not based on the length of your marriage. Instead, the court will consider your marital history and any time you lived together before marriage.
A durational alimony award is intended to provide financial support for a former spouse to maintain their living standards after the divorce. However, it can be modified if there is a substantial change of circumstances.
Generally, the amount of alimony awarded will be determined based on the relative incomes of both parties.
If you are still determining what type of alimony you will receive, seeking legal advice from an experienced family law attorney who can guide you through the process is best. A reasonable attorney can ensure you get the alimony you deserve and are not stuck with payments you are unlikely to afford.