Importance of Knowledge on What is Durational Alimony

It’s essential to understand what durational alimony is and how it differs from permanent alimony. Your Tampa divorce attorney will be able to explain to you how this type of spousal support works and how it can benefit you in your situation.

This type of spousal support is usually granted in middle or short-term marriages where one spouse makes less money than the other during their marriage. The court also considers the sacrifices that each spouse made during the marriage.

The meaning

What is durational alimony? During divorce proceedings, the court may award alimony to assist the lower-earning spouse in maintaining their standard of living. The available alimony types include temporary alimony, bridge-the-gap alimony, and rehabilitative alimony.

In Florida, durational alimony is a type of spousal support that can be awarded after the termination of long-term marriages. This form of alimony is based on the length of the marriage and any time the spouses lived together before marriage.

However, durational alimony can be terminated if the supported spouse no longer needs alimony. The trial court must make detailed factual findings about how the sponsored spouse will meet their needs at the termination date.

Whether or not the supported spouse needs alimony can be difficult for both parties to come to terms with. If you need help understanding your legal options. They will help you understand your rights and protect your best interests throughout the divorce process.

How long is durational alimony?

When one spouse needs financial help for a set period after divorce but does not qualify for permanent alimony, the court may award durational alimony. The length of the alimony is based on many factors, including the size of the marriage.

Generally, alimony awarded as durational alimony does not exceed half the length of the marriage. However, this is only sometimes the case.

Under the Massachusetts Alimony Reform Act (ARA), a probate and family court judge has broad discretion to deviate from this durational limit when unique facts of the case require it.

In 2014, the Supreme Judicial Court held that the ARA’s durational clock starts ticking only upon entry of a final judgment of divorce. Interestingly, this rule is consistent with the Holmes ruling.

What is the difference between temporary alimony and durational alimony?

If you have been in a divorce and are experiencing a financial crisis, you may be able to receive temporary alimony from your soon-to-be ex-spouse. This type of alimony helps you during your divorce and when your final alimony order is made.

You may also be able to get rehabilitative alimony. This alimony is designed to help you reestablish your independence and self-sufficiency after your divorce.

The amount of rehabilitative support may be modified if you have changed your circumstances or completed an educational program. It is also modifiable if you have a change in income or expenses.

You should consult an experienced alimony attorney to know what type suits you and your case. They can help you get the support you need and work to ensure that your alimony payments are adjusted to fit your unique situation.

Can durational alimony be modified or terminated?

If you have been awarded durational alimony, consider seeking a modification or termination. If you do, having an experienced alimony attorney is essential.

Typically, a modification can occur only upon material and substantial change in circumstances. This could be something as simple as losing a job or as complex as a significant increase in income for either party.

In other cases, such as when the recipient spouse remarries or cohabitates with the paying spouse, an open-duration alimony agreement can be modified.

However, if there is a significant change in circumstances for one or both parties, it can take time to achieve an agreement if you are concerned about your alimony award.