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Rebuttable Presumption Against Permanent Alimony Not Met

October 21, 2016 by  
Filed under Uncategorized

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In a long term marriage of 17 years or more, where alimony is otherwise appropriate, there is a rebuttable presumption in favor of permanent alimony. See § 61.08(4), Fla. Stat. (2014); Dickson v. Dickson, 41 Fla. L. Weekly D1807, 1808 (Fla. 4th DCA Aug. 3, 2016)(“Our courts recognize that with respect to long-term marriages, there is a rebuttable presumption in favor of permanent alimony.”).

In Berger v. Berger, the 4th District Court of Appeals for the State of Florida ruled that the trial court erred in awarding the wife durational alimony rather than permanent alimony in a long-term marriage where the trial court had erroneously failed to find that a rebuttable presumption existed in favor of permanent alimony and its findings were insufficient to rebut the presumption in favor of permanent alimony.

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