Length of a Marriage and Alimony

    The most important factor for alimony is how long you were married.  As the length of the marriage increases, alimony is more likely.  But all of the other factors must also support an alimony judgment.  The time is counted from your marriage date until the date of the divorce petition.

   probability you will pay or receive alimony - by number of years married

4 years

7 years

10 years

12 years

15 years

not likely

slightly possible

very possible

probable

almost definite

 

Common Florida Alimony questions and answers

I have been married for 4 years and my spouse has supported me the entire time. Can I get alimony?   Very unlikely.  In a 4 year marriage, Florida alimony law considers you an able-bodied adult, able to earn a living.

We have been married for 5 years and separated for several years.  If I don't get divorced for another 5 years, can I qualify for alimony?  Again, very unlikely.  Your financial existence was separate from your spouse when you began to live apart.  You cannot milk out the length of your marriage just to prove alimony is needed.

My married is 20 years long.  Does that mean I will definitely receive alimony ?  You still need to prove your need for alimony, and your spouse's ability to pay alimony.


Ask a Free
Question Answered by an Attorney

Email Us
to Ask About Representation


Have Us Call You Now

Divorce Newsletter
Sign up for our Free Newsletter

For more advanced reading, here is a Court case that discusses the duration of the marriage and alimony:

ANA E. SCHOMBURG, Appellant, v. ANDREAS H. W. SCHOMBURG, Appellee.

Case No. 2D02-3473

COURT OF APPEAL OF FLORIDA, SECOND DISTRICT

845 So. 2d 257; 2003 Fla. App. LEXIS 6645; 28 Fla. L. Weekly D 1119

May 7, 2003, Opinion Filed

PRIOR HISTORY:  [**1]  Appeal from the Circuit Court for Collier County; William L. Blackwell, Judge.

DISPOSITION: Affirmed in part, reversed in part, and remanded with instructions.

CASE SUMMARY:

PROCEDURAL POSTURE: Appellant wife sought review from a judgment by the Circuit Court for Collier County (Florida) that dissolved her marriage to appellee husband. The wife claimed that, inter alia, the trial court failed to make a child support determination and failed to award her alimony, attorney's fees, and costs.

OVERVIEW: At the time of the parties' filings for dissolution, they had been married 24 years. The appellate court held that because of the long term of the marriage, there was an initial presumption that permanent alimony was proper under Fla. Stat. ch. 61.08(1) (2001). Because the final judgment contained no mention of alimony, attorney's fees, or costs, it had to be remanded for further proceedings. In addition, the final judgment reserved jurisdiction to decide child support. In the interest of judicial economy, that issue was likewise to be resolved on remand with appropriate findings in order to facilitate complete appellate review.

OUTCOME: The judgment was affirmed as to an equitable distribution scheme and a residential custody award; it was reversed and remanded with instructions as to the alimony, attorney's fees, and costs issues.

 

JUDGES: CASANUEVA, Judge. ALTENBERND, C.J., and FULMER, J., Concur.

OPINIONBY: CASANUEVA

OPINION:  [*258]  CASANUEVA, Judge.

Ana E. Schomburg appeals the final judgment dissolving her marriage to Andreas H. W. Schomburg. She contends the trial court erred by making an unequal distribution of marital assets, by splitting the primary residential custody of the two minor children between the parents, by failing to make a child support determination, by failing to award her alimony or explain why she was not entitled to any, and by failing to award her attorney's fees and costs. We affirm the equitable distribution scheme and residential custody award, finding no abuse of discretion. However, because the final judgment fails to address the issues of alimony and general attorney's fees and costs, n1 we reverse and direct the court to make those determinations.  [**2] 

 

n1 The trial court reserved ruling on attorney's fees and costs related to an exchange of property the p arties had been ordered to do but omitted any mention of fees and costs for the dissolution proceeding itself.

The parties were married on June 3, 1977. Mrs. Schomburg petitioned for dissolution of marriage in July 2001, and Mr. Schomburg counterpet itioned shortly thereafter. At the time of the filings the parties had been married twenty-four years. Because of the long term of the marriage, there is an initial presumption that permanent alimony is proper. Additionally, the trial court is required to support its alimony decisions with factual findings. §  61.08(1), Fla. Stat. (2001); Milo v. Milo, 718 So. 2d 343 (Fla. 2d DCA 1998) (holding that purpose for requiring findings of fact to support an alimony award is to assist appellate court in providing meaningful review); Perrin v. Perrin, 795 So. 2d 1023 (Fla. 2d DCA 2001) (same). This is especially necessary [**3]  in the current case to overcome the presumption in favor of alimony that arose from the long term of the marriage. Because the final judgment contains no mention of the alimony issue, we remand for further proceedings. Staton v. Staton, 710 So. 2d 744, 745-46 (Fla. 2d DCA 1998).

The final judgment also did not address Mrs. Schomburg's claim for attorney's fees. We therefore remand with instructions that the trial court resolve this issue. Perrin, 795 So. 2d at 1024 (holding that a trial court cannot decide the issue of attorney's fees without findings as to one spouse's ability to pay and the other's need).

The final judgment reserved jurisdiction to decide child support. Because we must remand on the alimony and attorney's fees issues, in the interest of judicial economy this issue should likewise be resolved on remand with appropriate findings in the final order to facilitate complete appellate review.

Affirmed in part, reversed in part, and remanded with instructions.

 

ALTENBERND, C.J., and FULMER, J., Concur.

 

The Divorce Center can provide an experienced divorce attorney for your entire case or any individual part. Tampa, Pinellas, Pasco, Hernando County Divorce Attorney Howard Iken will give you personal attention, fast answers, and the loyal aggressive representation you need. We also offer a forms preparation service with lawyer review and consultation for reasonable prices. Check out our easysavr legal service. CONTACT US NOW or call 888-469-3486

    

Office Locations


7623 Little Road
Suite 200B
New Port Richey, FL 34654
(727) 844-7676
 
7635 Ashley Park Drive
Suite 503K
Orlando, FL 32835
407-982-5556

703 W. Bay Street
Tampa, FL 33606
(813) 774-4529
 
3000 W. Gulf to Bay Blvd
2nd Floor
Clearwater, FL 33760
(727) 844-7676

15310 Amberly Drive
Suite 250
Tampa, FL 33647
(813) 774-4529
 
9040 Towncenter Pkwy
Bradenton, FL 34202
941-538-6160

Also serving the cities of Kissimmee, Dade City, Zephyrhills, Brandon, Valrico, Wesley Chapel, Sarasota, Palm Harbor, Dunedin, Riverview, Spring Hill, Brooksville, New Tampa, and the following Florida counties: Pasco, Pinellas, Hillsborough, Hernando, Manatee, Osceola, and Orange.