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Length of Marriage & Alimony

If the parties cannot agree as to alimony, the court will determine alimony. When the court is determining the type of alimony, the length of marriage could be an important factor to consider. Regarding the length of marriage in an Orlando or Tampa divorce and throughout Florida, there is a rebuttable presumption that:

  • short-term marriage is a marriage having a duration of less than 7 years.
  • moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years.
  • long-term marriage is a marriage having a duration of 17 years or greater. 
When the court is determining the type of alimony, the length of marriage could be an important factor to consider.

Fla. Stat. § 61.08(4). What period of time counts as "the length of the marriage?" According to Florida law, “[t]he length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage." Fla. Stat. § 61.08(4).

When the court determines what types of alimony may be available to the parties, the court will usually consider the length of the marriage. In a Florida divorce, certain types of alimony can be very difficult to obtain depending on the length of the parties' marriage. 

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