LAARWT
DISABILITY AND ALIMONY
By K. Dean Kantaras and Vanessa C. Fernandez
K. Dean Kantaras, Esq.
JANUARY/FEBRUARY 2022 | TAMPA BAY MAGAZINE 123
Florida Statute 61.08 establishes
awards of alimony and what factors
the courts will consider when
awarding alimony. An award of
alimony is based on whether either party
has an actual need for alimony and whether
either party has the ability to pay alimony.
Permanent alimony may be awarded to
provide for the needs and necessities of
life as they were established during the
marriage of the parties for the one who
lacks the financial ability to meet his or
her needs and necessities of life following
a dissolution of marriage.
Permanent alimony is usually awarded
following marriages of long duration,
which is a marriage having a duration of
17 years or greater. Following a marriage
of moderate duration, which is a marriage
having a duration of greater than seven
years and less than 17 years, permanent
alimony may be awarded based upon
clear and convincing evidence after
consideration of the factors in Florida
Statute 61.08. A marriage of short duration
is a marriage lasting less than seven years.
Permanent alimony may be awarded
following a short-term marriage only if
there are written findings by the judge
that there are exceptional circumstances.
Even though permanent alimony is
found permanent alimony appropriate
in short-term marriage cases where the
requesting spouse was disabled as a result
of physical or mental ailments for which
the payor spouse had no responsibility.”
Similarly, the Fourth District Court of
Appeals affirmed an award of permanent
alimony following a marriage of six years
due to the wife’s severe disability, which
prevented her from being employed on a
continuous basis.
Depending on your individual
circumstances, you may be entitled to
permanent alimony even if your marriage
lasted less than seven years. 9
EDITOR’S NOTE: K. Dean 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.
He has been practicing for over 25 years
and is “AV” rated by Martindale-Hubbell.
Vanessa C. Fernandez is an associate attorney
at K. Dean Kantaras, P.A. She obtained her
law degree from the University of Florida,
Levin College of Law. Their offices are located
at 3531 Alternate 19, Palm Harbor, 34683,
(727) 781-0000 and 1930 East Bay Drive,
Largo, 33771, kantaraslaw.com.
“generally inappropriate in a short-term
marriage,” a court has held that the short
duration of the marriage does not preclude
such an award. When considering an
award of permanent alimony following
a short-term marriage, the appropriate
inquiry is “whether there would be any
genuine inequity created by the dissolution
of marriage without permanent alimony.”
The Second District Court of Appeals
defines the inquiry further and asks
“whether the spouse requesting alimony
is without means of self-support, as a result
of anything that has transpired during the
marriage.”
Generally, permanent alimony has been
deemed appropriate following shortterm
marriages when the case involves
requesting spouses who were incapable
of self-support by reason of a physical or
mental disability. “The Florida courts have
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