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407 628-4300 or 1-800-536-5179

Email us: mail to dunloplaw@aol.com

Question: How long do you have to be married in Florida before you become eligible for Alimony?

Answer: There are legal presumptions in Florida as to alimony. Less than 10 year marriages have a presumption against alimony. More than ten, but less than 20 years have no presumption for or against, and over 20 have a presumption for, if one party has a need for alimony and the other party has an ability to pay alimony.

Question: How do you determine how much alimony to pay?

Answer: Alimony has no formula as does child support, in terms of amount, and whether to award alimony is up to the discretion of the trial judge as to what is an equitable or fair amount.

Question: What happens if no alimony is awarded at trial, and the person later needs to have some ordered?

Answer: If alimony is not awarded at trial, (or agreed on in a settlement agreement), a litigant probably can never modify the judgment to have any alimony awarded. On the positive side, if only one dollar is awarded in alimony (or agreed to be paid), and if the alimony is modifiable, then it could be modified upward at a later time, if the payor improves his/her income in the future.

Question: What happens to alimony payments when the parties retire?

Answer: The retiring payor is entitled to apply for a reduction in amount of alimony payments if alimony that he or she pays is modifiable under the agreement or the final judgment. The retiree must still prove a reduction in income and that he or she is not going to be working at the same job. The person who is receiving alimony might be eligible for an increase in alimony if the payor is not retiring. These are going to be fact-specific cases as well as dependent on case law and statutory law updates that might be applicable to the specific circumstances of each individual case.

Question: Does alimony stop if a person who is receiving alimony begins a live-in relationship with someone?

Answer: Alimony can be modified or stopped if the person receiving alimony enters into a materialistic, supportive relationship with a certain other person -- either having his or her material needs met by the certain other person, or by paying toward the material needs of a certain other person. That other person is defined as not being a close blood relative and not being certain dependent persons of the payee.

Do not rely on the above for specific legal advice. Contact us about your specific situation.

Email us: mail to dunloplaw@aol.com

Phone: 407-628-4300 or 1-800-536-5179

Dunlop, Dunlop & Dunlop, P.A.

has been practicing family law

in Orlando and the Central Florida area

since 1995.

For more information on our

attorneys, firm, and how to contact

us, go to the "About Us" link, below.