In a 19 Year Marriage - Permanent Alimony Must Be Proven Wrong

[Attorney Howard Iken]

Alcantara v. Alcantara, July 29, 2009, 3rd District Court of Appeal

This was a divorce case. The marriage was 19 years long. The husband was a retired soldier that works as a civilian contractor for $6,800 / month. In addition he receives $1,786 from a military pension.

The Wife was a homemaker and mother for much of the marriage. She began working at a college in 2003 and as part of her benefits earned free degrees - a BS in Business and an MBA. The Wife earns $2,156 as an admin assistant.

The trial court awarded the Wife bridge the gap alimony for three years (temporary alimony), and denied the Wife's request for permanent alimony. In the decision the trial court noted the Wife had substantial educational accomplishments. The Husband argued the Wife could return home to Hawaii where the Wife had excellent financial opportunities available.

The appeals court reversed the decision and instructed the trial court to to award permanent alimony.

In a 19 year marriage the need for permanent alimony is automatically presumed and the person fighting it has the burden of proof. Trial courts cannot speculate on what income someone may earn with their degrees, or by moving to another state. There must be actual evidence of someones ability to earn more money.


Attorney Howard Iken


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[WRD2]

My wife states that she would be entitled to permanent alimony based on the length of our marriage-37 years. However, she is educated (Katherine Gibbs School full-scholarship) and worked first 4 years as EXEC. SECY for BELL LABS. then the 4 kids came along, then she operated a childcare business for 15 years out of our home averaging 2-3K/month. She is 57 and just had a perfect physical, except she has had depresssion her whole life (which she blames me for). I am 60 and have had recent failing health, but am working full-time. Is this a toss-up with the courts regarding permanent alimony if we do not come to an agreement? Right now we are moving toward uncontested and marital asset division, although she will make out better than me. If she agrees to 12 months only of Rehabilitative ALimony, should I grab it or should i try to get more of a 50/50 split of the marital assets which will most likely get the attorneys involved more than just a checkpoint. Like all divorces, its convoluted. Main house she wants (free-clear), I keep the beach condo, but it has a $57K note. Please advise if possible. She gets 1/2 or my 401K and pension amount at time of Decree, but if I keep working, she still would only get that amount at time of decree i believe. ALso, I want to add language to the 12 month alimony so there can be no "REOPENERS". her attorney says, not necessary if it says X$ for 52 weeks? Can you confirm that. I have an attorney, but cannot afford the bill each time a question comes up.

[Attorney Cheri Hobbs]

If you have an attorney then you need to address these concerns with your attorney. It appears that you want a legal opinion about how to resolve your issues. I suggest you provide your current attorney a concise list of your questions and go over them with the attorney. Attorneys will appreciate a concise list of questions and this will preserve your resources.


Attorney Cheri Hobbs
The Divorce Center
7635 Ashley Park Drive Suite 503K
Orlando, FL 32835
407-901-4507


Orlando Divorce Attorney

[momctrlfl]

Sorry not sure where to post. I am new. My marriage was short of 10 years by 2 mths when he filed. I worked 2.5 yrs contributing half of the income while he was in school. Stayed home as a mom after. Should I expect any alimony? Thank u kindly for your help.