Legal Question in Family Law in Florida

A 15-year marriage is poised somewhere between short and long

A 15-year marriage is poised somewhere between short and long

without presumptions as to alimony. See e.g. Jaffy v Jaffy, --- So.2d ---,

32 Fla. L. Weekly D1593, 2007 WL 1827238 (Fla. 4th DCA June 27,

2007) (presumption is against permanent alimony for 10-year marriage

where payee was educated and able). Canakaris v. Canakaris, 382 So.2d 1197, 1202 (Fla. 1980)

(judge possesses broad discretionary authority to do equity between the

parties and has available various remedies to accomplish this purpose,

including lump sum alimony, permanent periodic alimony, rehabilitative

alimony, child support, a vested special equity in property, and an award

of exclusive possession of property; these remedies are interrelated; their

eventual use in given case makes them part of one overall scheme that

must be reviewed by appellate courts as a whole).

Where a high standard of living is met during marriage, the purpose of alimony is to provide for the less wealthy spouse above bare subsistence levels, not to fund the enjoyment of every little luxury enjoyed before divorce. Donoff v. Donoff, 940 So.2d 1221, 1225 (Fla. 4th DCA 2006) (trial court erred when it tried to ensure wife would live at same level as when husband and wife shared financial resources and income).