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Durational Alimony

Durational alimony may be awarded when permanent periodic alimony is inappropriate and when any other type of alimony may not be appropriate for a particular case or when other types of alimony may not be sufficient to meet the requesting spouse’s needs. See Fla. Stat. § 61.08(7). The purpose of durational alimony is simple. Durational alimony provides the receiving spouse with financial assistance for a set period of time. Durational alimony may provide the receiving spouse with financial assistance following a marriage of long duration (marriage of 17 years or greater) if there is no ongoing need for support on a permanent basis. Id.

Durational alimony provides the receiving spouse with financial assistance for a set period of time.

Duration

It is important to remember that an award of durational alimony may not exceed the length of the marriage. Fla. Stat. § 61.08(7). For example, if a divorcing couple was married for 7 years, the award of durational alimony payments may not exceed 7 years in duration.

 Practice Pointer - Could Duration Alimony terminate prior to its court ordered end date?

Yes. An award of durational alimony may terminate before the court ordered end date. Durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. Fla. Stat. § 61.08(7).

Modification

The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances. Fla. Stat. § 61.08(7). It is important to note that the “length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.” Id.

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