How Young Is Too Young to Receive Permanent Alimony?
One of the most painful things about divorce is having to build a new life without so many of the things on which you used to rely. For example, if your social circle during your marriage consisted mostly of your spouse’s college buddies and their spouses, you will probably have to seek out new friends. One or both spouses will have to move into a new house, no matter how much you both loved your old house. Your Friday evening routine with your children will probably change to involve transporting the children from one parent’s house to the other’s. Your family, your friends, and your lawyer assure you, though, that you will get used to the new normal. At what age do you become too old to reinvent yourself, though? When does your family, including your ex-spouse if you get divorced late in life, have an obligation to let you stay in your comfort zone? That question often factors into the debate over permanent alimony, which still exists in Florida, though not without its share of controversy. If you think your situation warrants permanent alimony, contact a South Florida alimony lawyer.
Kimberly Dickson: Permanent Alimony for a Middle-Aged Stay-at-Home Mother
Kimberly and Douglas Dickson married in 1994 and had three children, who were still minors when the parents divorced in 2013. Kimberly was a stay-at-home parent through most of the marriage, largely because of the children’s special needs. All three children had Individualized Education Plans (IEPs), and the oldest was home-schooled. The trial court awarded Kimberly durational alimony; it immediately ruled out permanent alimony simply because, at age 42, it deemed Kimberly too young to be eligible for it. Kimberly appealed the judgment, citing her limited earning potential and the demands placed on her time as a caregiver for three children with special needs, and the appeals court ruled that permanent alimony should not be out of the question for her.
Nancy Hua: No Permanent Alimony for a Middle-Aged Stay-at-Home Mother
Nancy Hua and Dennis Tsung divorced in 2013 after 17 years of marriage. Nancy was a stay-at-home parent to their two children during the marriage, and this was the reason she cited when she requested permanent alimony. The court did not grant her request for permanent alimony, since Nancy was in her 40s and had no health problems or caregiving obligations that would prevent her from working. Instead, it ordered Dennis to pay transitional alimony while Nancy completed nursing school. It reasoned that, with the money she could earn working full time as a recently graduated nurse, she would not need any more money from Dennis besides child support.
Contact an Attorney for Help Today
If you are in your 40s and were married for more than 17 years, you might be eligible to receive permanent alimony if you have a compelling reason that you should receive it. Contact the Boca Raton alimony lawyers at Schwartz | White about your alimony case.