Will 20-year marriage require husband to pay alimony?

Florida provides five types of alimony: temporary, bridge-the-gap, rehabilitative, durational, or permanent. Couples can negotiate the terms of the alimony award, including the type, duration, and amount of support. However, if you can’t agree, the judge will evaluate your circumstances and decide for you.

Attorney Tom Olsen: Tom, you're on WDBO. Go ahead.

Tom: Hi. How are you doing, sir?

Attorney Tom Olsen: Good.

Tom: I was served with divorce papers from my wife. We've been separated since Halloween of last year. The papers that I got served with said that she wanted alimony from me and some other things. I do make more money than my wife does. We've been together for about 20 years. We've been separated now for over a year. The divorce proceedings got held off, so none of that stuff was pursued or pushed on. I'm just wondering, how long are we going to be separated from each other that she'll still be able to hang this over my head to get alimony from me?

Attorney Tom Olsen: By the way, do you guys have any minor children?

Tom: No. No children at all.

Attorney Tom Olsen: During this time that you have been separated, have you been giving her support money?

Tom: No, I have not.

Attorney Tom Olsen: She works on her own?

Tom: She works on her own.

Attorney Tom Olsen: Well, the good news, Tom, is that's an indication that she makes enough money to support herself. On the other side of the coin, a 20-year-old marriage certainly puts you in the category of somebody that may need to pay alimony.

Tom: All right. I understand that.

Attorney Tom Olsen: Tom, all I can suggest to you is that you get an attorney to get advice from him or her as to going forward. My other advice to you is this, Tom, how old are you?

Tom: I'm 40 years old.

Attorney Tom Olsen: Tom, first of all, the one thing you will never, ever, ever, ever do would be agree to pay alimony for the rest of your life. The next thing you want to avoid [crosstalk] is paying alimony till you're age 66 when you qualify for social security. Even that, too long. You may have some rehabilitative alimony that goes on for a number of years and that may be the best bet for you. Does that answer your question for you, Tom?

Tom: Yes. No. It does. I guess I was wondering if there was a timeline that it was going to drop off but I'm guessing not because we were married together for 20 years.

Attorney Tom Olsen: Well, do you mean drop off in the sense that they're going to drop this case because it's been going on for over a year now?

Tom: No, just that if she's been living away from me for over a year, if she's living away from me for two years, or three years now, and I finally want to finalize this divorce or get this divorce taken care of, is she still going to have a right to ask for alimony from me when we've been living separate from each other for three years?

Attorney Tom Olsen: Tom, I don't do divorces, but in my opinion, the longer you're separated and the longer she's out there supporting herself would be a great indicator to the court that she can support herself and does not need alimony from you. I think that this is serving you.

Tom: Okay. No, that's just what I want to hear.

Attorney Tom Olsen: Okay, Tom.

Tom: I appreciate that. Thank you for taking my call, sir.

Attorney Tom Olsen: Good luck to you. Bye-bye.