By K. Dean Kantaras and Maurice Q. Thurman
F or many families in the midst of a
divorce, the transition from marriage
to becoming single can lead to fears
of economic uncertainty. This is
especially true for financially dependent
spouses who may suffer from a physical
disability or other health conditions that
restrict their ability to work. Fortunately,
Florida courts offer relief to financially
dependent spouses who are unable to work
due to a disability that occurred during
the marriage.
Under Florida law, a spouse is
eligible to receive four types of
alimony: (1) bridge-the-gap alimony;
(2) rehabilitative alimony; (3) durational
alimony; and (4) permanent alimony.
§ 61.08(5)-(8), Fla. Stat. A disabled spouse
may receive permanent alimony in order
to provide for their needs and necessities
of life as they were established during
the marriage, if the spouse lacks the
financial ability to meet his or her
needs and necessities of life following a
divorce. § 61.08(8), Fla. Stat.
Many courts have addressed the
issue of economic stability for disabled
spouses after divorce. Florida courts have
generally ruled that a spouse requesting
permanent alimony must lack the actual
capacity for self-support as well as the
potential to develop the capacity for selfsupport
in the future. See G’Sell v. G’Sell
390 So. 2d 1196 (Fla. 5th DCA 1980).
More recently, the Second District
Court of Appeal decided the case
142 TAMPA BAY MAGAZINE
LAARWT
Alimony
K. Dean Kantaras, Esq.
| NOVEMBER/DECEMBER 2016
the court ruled that the Wife was entitled
to receive permanent alimony.
The Court’s decision in Kruse v.
Levesque provides an important lifeline
to financially dependent spouses who
are facing the natural stress and anxiety
of economic uncertainty during a divorce
proceeding. 9
EDITOR’S NOTE: K. Dean Kantaras has
been licensed to practice law in Florida for
over nineteen years. Mr. Kantaras is the
managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar,
a distinction held by less than one percent of
all attorneys licensed to practice in Florida.
He is “A” rated by Martindale-Hubbell, the
highest possible rating. He is a member of
the Supreme Court of the United States, the
United States Court of Appeals for the 11th
Circuit and Middle District, The Florida
Bar, and the Clearwater Bar Association.
His offices are located at 3531 Alternate 19,
Palm Harbor, 34683, (727) 781-0000 and
1930 East Bay Drive, Largo, 33771,
(727) 544-0000. www.Kantaraslaw.com.
Maurice Q. Thurman, Esq. is an Associate
Attorney at the firm. He is a member of the
Florida Bar, Clearwater Bar, and Canakaris
Inn of Court.
of Kruse v. Levesque, where the Wife
was physically disabled and unable
to work due to health conditions
that developed during her eleven-year
marriage. 192 So. 3d 1263 (Fla. 2d DCA
2016). During the marriage, the Wife
developed fibromyalgia and mood
disorders, two conditions that greatly
diminished her capacity for self-support.
The court applied a three-step
analysis to determine whether the Wife
would be awarded permanent periodic
alimony. First, the court considered her
financial circumstances and determined
that the Wife had a financial need for
alimony. Second, the court considered
the Husband’s financial circumstances
and determined that he had the ability
to pay alimony. Finally, the court found
that the Wife had demonstrated, with
clear and convincing evidence, that she
was unable to return to work. Therefore,
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