pErmanEnT aLImonY In FLorIDa
Marital & Family law Section
Chair: Chris Givens - Givens Givens Sparks, PLLC
D
espite the legislature’s
frequent attempts to
rein it in, permanent
alimony remains
alive and well in Florida. This is
especially true in cases involving
long-term marriages (generally
marriages lasting 17 or more
years), even though Florida’s
current alimony statute reads
as if a permanent alimony award
46
is optional in all
situations. For
marriages of
“long duration,”
permanent
alimony “may
be awarded …
if such an award
is appropriate”
under the
circumstances. 1
Despite the
neutral statutory
language, every
district in Florida
continues to
apply a strong
presumption
in favor of
permanent
alimony for long-
term marriages.
Every district in Florida
continues to apply a
strong presumption
in favor of permanent
alimony for
long-term marriages.
While this
presumption is
rebuttable, the case
law consistently
reaffirms the
strength of the
presumption. Thus,
if there is any
possibility that the
lesser-earning spouse
might be unable
to meet his or her
financial needs in
the future, Florida
appellate courts
tend to hold that
the failure to award
permanent alimony
constitutes an abuse
of discretion. 2
Continued on page 47
JAN - FEB 2019
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HCBA LAWYER