How Does the Length of a Marriage Affect Divorce in Florida?
Please see the following link as some of the information below has changed, since the new alimony law took affect in July 2023:
How will the Length of Your Marriage Affect Your Tampa, Florida Divorce?
If you are considering divorce, it will be one of the hardest things you have ever had to go through. The end of a marriage can result in multiple issues, including legal battles over parenting time, property division, and alimony. Regardless of the duration of your marriage, it is never easy to make the decision to end it. Sadly, it is a decision that sometimes has to be made.
For those who are about to go through the process, it is important to have an understanding of the law so you know what to expect. Below, our Tampa divorce attorney explains how the length of your marriage may affect your divorce proceedings.
How a Short-Term Marriage Affects Divorce
A short-term marriage in Florida is defined as one that lasted for less than seven years. During a divorce that involves a short-term marriage, the two main issues are alimony and property division. Alimony is rarely awarded during a divorce that involves a short-term marriage, particularly when the person requesting it is considered employable and therefore, able to financially support him or herself.
Property division proceedings also often work differently when a marriage lasted fewer than seven years. The division of assets and liabilities is often less complex than it is when a marriage lasted longer than that because the couple has not had as much time to commingle their assets and liabilities.
How a Moderate-Term Marriage Affects Divorce
Florida law defines a moderate term marriage as one that lasts between 7 and 17 years. The issues that arise during a moderate-term marriage are the same in other divorce cases, but they are usually more complex than those in divorce cases that involve a short-term marriage. The couple has had more time to commingle their assets and liabilities, and alimony is more likely to be awarded. When awarding alimony, the court will consider the financial situation of each party, as well as their current employment status or their employability.
How Long-Term Marriage Affects Divorce
Any marriage that lasts more than 17 years is considered a long-term marriage in Florida. People who have been married for this length of time often have complicated property holdings and financial entanglements than in other marriages. Due to this, alimony is much more likely to be awarded in a divorce that involves a long-term marriage.
Still, there are many different types of alimony a person may receive after a long-term marriage. Bridge-the-gap alimony will not last more than two years, while rehabilitative alimony will allow a person to obtain education or employment that would allow them to financially support themselves. Durational alimony is the type most people think of, and will only provide payments for a set period of time. Permanent alimony is more likely to be awarded after a long-term marriage, particularly when one party lacks the ability to support themselves financially and maintain the standard of living they enjoyed during the marriage.
Our Divorce Attorney in Tampa Can Help You Prepare for the Process
Regardless of how long you were married, you need a reliable and experienced Tampa divorce attorney fighting for your rights. At All Family Law Group, P.A., our seasoned attorney can help you through the process and will ensure you receive the most favorable outcome possible. Call us now at 813-672-1900 or contact us online to schedule a free consultation. Se habla Español.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
