Gray Area Marriage

Posted: April 11, 2016 By: De Novo Review Category: Family Law

By: Erin, Senior Attorney, De Novo Review

What is durational alimony and how does it apply to gray-term marriage?

Pursuant to Section 610.08(7), Florida Statutes (2015), “Durational alimony may be awarded when permanent periodic alimony is inappropriate.”

Section 61.08(4), Florida Statutes (2015), provides a rebuttable presumption that marriages lasting longer than 7 years but less than 17 years are considered “moderate-term marriages.” This type of marriage is also referred to as a “gray-area marriage.” Biskie v. Biskie, 37 So. 3d 970, 972 (Fla. 1st DCA 2010).

In gray-area marriages, there is no presumption for or against permanent alimony. See Nousari v. Nousari, 94 So. 3d 704, 706 (Fla. 4th DCA 2012). As such, durational alimony may be a good alternative to accomplishing the statutory purpose of “provid[ing] a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis.” § 610.08(7).

The Legislature created durational alimony in 2010. See Ch. 2010-199, Laws of Fla. The amendment is applicable to all initial awards of alimony after July 1, 2010. Id. at § 2.

For additional cases similar to this, or for additional research needs on the subject, please contact us at: genny@denovoreiew-new.us21.cdn-alpha.com.

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