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and 11-month marriage was not long-term . On the subject of how to rebut the presumption that a marriage must reach 17 years to be considered long-term , the court stated , “[ t ] here is no explanation in the statute , and none that we have found in case law , explaining how a party may rebut the presumption ….” 5 The court held that merely relying on how close it was to 17 years , coupled with the fact that the marriage was “ traditional ” in terms of the parties ’ roles , was insufficient . 6 The wife was denied permanent alimony .
Perhaps in Williams , the trial court was swayed by the fact that the payee suffered health issues that precluded employment , while in Giles , the payee was capable of work and owned multiple properties . Either way , the trial court has discretion . If the line can be drawn at 16 years 11 months , it can be drawn earlier . If your case is close , consider filing fast . n
1
Hua v . Tsung , 220 So . 3d 584 , 588 ( Fla . 4th DCA 2017 ).
2
Williams v . Jones , 290 So . 3d 609 ( Fla . 1st DCA 2020 ).
3
Id . at 611 .
4
Giles v . Giles , 298 So . 3d 1277 ( Fla . 2d DCA 2020 ).
5
Id . at 1281 . 6
Id .
Author : Lara G . Davis - The Women ’ s Law Group , PL
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