What is Florida’s Seven-Year Divorce Rule?

There are many laws that govern divorce cases in Florida. There are also certain factors the family courts will consider that, while not outlined in the Florida Statutes, are still very important in divorce cases. One of these is the seven-year divorce rule. The seven-year divorce rule applies mainly to alimony proceedings during divorce and it refers to the length of a marriage. Seven years is the threshold for whether a marriage is classified as a short marriage, or one of greater length. Below, our Fort Lauderdale alimony lawyer explains more.

Classifications of Marriage Lengths in Florida

The length of a marriage is just one factor family law judges will consider when making decisions regarding alimony, but it is an important one. The different classifications of marriage lengths are as follows:

• Less than 7 years: Marriages that last less than seven years are classified as short-term marriages.
• Over 7 years but less than 17 years: Marriages that last over seven years but less than 17 years are considered moderate-term marriages.
• More than 17 years: When a marriage lasts over 17 years, it is classified as a long-term marriage.

After a marriage lasts for at least seven years, it has met the first threshold. After seven years, the courts presume the couple did not hastily enter into the marriage and that there was time, effort, and personal investment involved. The family courts will view these marriages differently from those that lasted less than seven years.

When a marriage lasts less than seven years, the courts are unlikely to award alimony. Even if alimony is awarded in these cases, it typically has a shorter duration and is only meant to provide the recipient with the ability to find gainful employment or a place to live. Judges have greater discretion to award alimony for a longer duration when a marriage lasts more than seven years.

Other Factors the Family Courts Will Consider

The length of a marriage is an important factor for the courts to consider when making decisions regarding alimony. However, it is not the only factor considered. The courts will also consider if either spouse stayed home to maintain the household and raise the children so the other could pursue career opportunities. Two of the most important considerations are whether the spouse pursuing alimony has a legitimate need for it, and if the other spouse has the ability to pay spousal support.

It is important to note that a marriage that lasted longer than seven years does not guarantee alimony. However, when a marriage lasts at least seven years, it does strengthen the case for support.

Our Alimony Lawyer in Fort Lauderdale Can Prove Your Case 

If you are going through a divorce and need to pursue alimony, or defend against unfair requests for it, you need legal help. At Haber Blank, our Fort Lauderdale alimony lawyer can provide it so the process is as easy as possible for you and you obtain the best possible outcome. Call us today at 954-767-0300 or contact us online to schedule a consultation and to get the sound advice you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html