What is the 7 Year Divorce Rule in Florida?
If you have heard of the seven-year divorce rule in Florida, you may wonder what this means. Ultimately, this rule comes into play during a very specific part of proceedings – alimony. The courts in Florida will take many factors into consideration when making decisions on alimony and the length of the marriage is one of these. Seven years is the threshold for whether a marriage is considered a short marriage, or something longer. After seven years, there is the opportunity for more support, and potentially even more conflict. Below, our Tampa lawyer attorney explains in greater detail.
How the Duration of a Marriage Impacts Alimony
The duration of marriages in Florida is broken down into three different categories. These are as follows:
- Short-term marriages: Short-term marriages in Florida are classified as those that lasted less than seven years.
- Moderate-term marriages: Moderate-term marriages last more than seven years but fewer than 17 years.
- Long-term marriages: A long-term marriage is one that lasts 17 years or more.
When a marriage lasts for seven years, it has met the first threshold. It means the marriage was not entered into hastily. It means there was effort, time, and investment involved. A marriage that has lasted at least seven years means the courts will view it differently.
Alimony is difficult to obtain in a short-term marriage. Even when alimony is awarded after a short-term marriage, the duration of support is typically not very long. In these instances, alimony only provides a recipient the ability to find a place to live or gainful employment. In moderate and long-term marriages, judges have more freedom and can award a longer duration of alimony.
What Other Factors Will a Court Consider?
The length of a marriage is just one factor a court will consider and just because a marriage lasted seven years or more does not automatically guarantee alimony. Family law judges will also consider many other factors. They may consider if one spouse stayed home to raise the kids and maintain the household so the other could pursue their career. They will also consider if the spouse pursuing alimony has an actual need for it, and if the other party has the ability to pay.
While alimony is not a guarantee after seven years of marriage, it does strengthen the case for support. Seven years provides the judge with more to consider and gives them more to work with.
Our Alimony Lawyer in Tampa Can Advise On Your Case
Whether you feel as though you need to pursue alimony, or you believe your spouse is asking for it unfairly, it is important to seek legal advice. At All Family Law Group, P.A., our Tampa alimony lawyer can advise on the factors the court will consider and help you build a strong case so you achieve all of your goals throughout the divorce process. Call us today at 813-672-1900 or contact us online to schedule a free consultation with our experienced attorney and to get the sound advice you need. Se Habla Espanol.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
