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Though the Florida Legislature almost abrogated permanent alimony in Florida over the past several years, a recent decision from Florida’s 4th District Court of Appeal affirms that permanent alimony remains “alive and well” in certain long-term marriages, in Florida. Florida Statute 61.08 (Florida’s alimony statute) defines a long- term marriage as a marriage that has a duration of seventeen (17) years or more. If a marriage is long-term, there remains a rebuttable presumption in favor of awarding the non-income earning spouse permanent alimony.

On October 13, 2016, the 4th District Court of Appeal overturned a trial court’s denial of Wife’s request for permanent alimony, in favor of an award of durational alimony.  Berger v. Berger, 2016 WL 5940058 (Fla. 4th DCA, October 13, 2016). In Berger, the Husband and Wife had a long-term marriage lasting 18 years.  The Husband was a physician and primary income earner, and the Wife was a “stay at home mother” for nearly the entire marriage, but had a degree in social work. The trial court only awarded the Wife durational alimony for ten (10) years, rather than permanent alimony, reasoning that she “should” be able to obtain employment, as a teacher, within two (2) years.

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In Family Court, in South Florida, parties are ordered to attend Mediation.  Divorce Mediation is typically an in-person conference with a certified mediator, the parties and their respective attorneys to discuss and try to settle the issues of their case, which may include child related issues, time sharing, parental responsibility, paternity issues, property distribution, allocation of debts, alimony or spousal support, child support, attorney’s fees and costs and a host of other issues which typically permeate in a divorce case.

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