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Will I Have To Pay Permanent Alimony

Alimony is one of the most contentious issues in any divorce proceedings. It means that the spouse with the higher income will have to make payments to the spouse with the lower income to match the lifestyle to which both parties have become accustomed. This is designed to help individuals who do not have any marketable skills and who have previously relied on their spouses for financial support. Permanent alimony is most common if:

  • the marriage lasted a long time
  • there are significant financial inequities in the marriage
  • either party significantly contributed to the other's lifestyle or career

In many states such as Florida, there have been motions to end permanent alimony.

What Is Permanent Alimony?

Alimony is awarded when there is a significant difference in finances between both parties in the divorce. Rehabilitative alimony is awarded when there is an option for one party to better himself or herself through job education to become self-sufficient. It is also often awarded when one party needs to stay at home with children until they reach school age. However, if it is determined that one party will never be able to acquire the job training or skills necessary to become self-sufficient, permanent alimony may be awarded. This is typically the case in long-running marriages or marriages in which one partner has some sort of disability or health condition that prevents him or her from attaining gainful employment. Permanent alimony may also be awarded if it was previously decided in a pre-nuptial agreement.

Is Permanent Alimony Really Permanent?

There are a number of factors that may reduce the level of payments in a permanent alimony agreement. For instance, if the recipient of alimony gets a job in which he or she makes significantly more money than before, alimony payments may no longer be deemed necessary by a divorce court. Similarly, if the payer is fired or receives a salary reduction, alimony may be reduced. If the alimony recipient receives a large inheritance, the courts may decide that alimony payments are no longer required. Finally, permanent alimony is often modified if the recipient remarries or if either spouse dies. Depending on your state's divorce laws, cohabitation may count as remarriage. If you are facing alimony issues in your divorce, consult with a divorce attorney today.