Permanent periodic alimony is generally just that, permanent, in that it continues until the recipient or payor dies or the recipient remarries, and periodic, in that it typically continues on a monthly basis. In general, permanent periodic alimony has three requirements:
1) long term marriage
2) income disparity, and
3) recipient’s income from all other sources, including investments, imputed income form earnings and rehabilitation, does not meet the standard of living established during the marriage.
So what is a “long term marriage?” As a general rule, courts have found that marriages of less than eight years are short term, and those of more than sixteen years are long term. Those falling in the middle are gray area, meaning there is no presumption for or against permanent periodic alimony. In gray area cases, a court will often place more emphasis on the parties income disparity and other factors when determining entitlement to permanent periodic alimony. Additionally, there are, of course, exceptions to the above general rules, such as a case in from the 5th DCA in which the court awarded permanent periodic alimony in a 4 1/2 year marriage where the wife’s pre-marriage income as a teacher was $27,000, but she was only capable of earning $10,000 a year because of her obligations to care for the parties’ handicapped child.
If you have any questions about alimony or any other issue related to a Tampa divorce, contact the Bowes Law Group by clicking here or call us at (813) 421-4422 to schedule a consultation.