Things can get complicated when you want to split with your partner but you’ve been married for several decades. The wealth, possessions, and assets you’ve accumulated over the years must be valued and divided, which can be a contentious and painstaking process. Emotions run high for divorces involving long-term marriages, as both spouses deal with the reality of their new life and becoming single after many years together. That’s why it’s important to have a family law attorney in Central Florida who is experienced in divorce cases for couples in long-term marriages. Below, we answer some of the most common questions we are asked about divorce after long-term relationships.
What’s a Long-Term Marriage?
According to Florida Statute 61.08(5), a marriage is considered “long-term” if it lasts 20 years or longer. This determination impacts how spousal support payments are made and how property is divided during a divorce.
How is Property Divided After a Long-Term Marriage?
In Florida, property is divided using equitable distribution in a divorce. This principle ensures that both spouses receive a fair and equal amount of marital assets. Marital assets are property or possessions you and your spouse bought, received, benefited from, or earned during the marriage.
Does My Spouse Automatically Get Half of Everything?
No. In Florida, marital assets aren’t split 50/50. Instead, the courts use equitable distribution to give each spouse a relatively equal share of the marital property, even if it’s not exactly half. It doesn’t matter how long you’ve been married for this rule to apply. However, the longer you’ve been married, the more marital assets you will likely have.
How Long Do You Have to Be Married to Get Alimony In Florida?
In Florida, you must be married for at least three years before you’re eligible for durational alimony. Other forms of spousal support, like bridge-the-gap and temporary alimony, don’t require a minimum marriage length. Durational alimony payments can only last half of the length of the marriage for short-term marriages and 75% of the marriage length for long-term marriages. Also, spousal support payments cannot exceed 35% of the difference between you and your ex-spouse’s net income.
Is My Ex-Spouse Entitled to My Social Security Benefits?
Yes, an ex-spouse is entitled to part of your social security benefits as long as the following criteria are met:
- You were married for at least 10 years
- You are at least 62 years old
- Your benefits are greater than what your ex is entitled to on their own.
Your spouse could receive between one-third or one-half of your social security benefits. Fortunately, your own social security benefits will not be reduced or affected even if your ex-spouse claims this benefit. Your spouse will stop receiving these benefits if they remarry.
What Happens to My Retirement When I Get Divorced?
If you started or contributed to a retirement plan during your marriage, your contributions are marital assets and subject to equitable distribution. For long-term marriages, your ex-spouse may be entitled to half of what you contributed to your retirement during the marriage. Non-federal pension plans are also split.
Who Gets the House?
The family home is likely considered a marital asset in a divorce. There are a few ways the marital home can be split. If you want to stay in the house, you can let your spouse take a larger share of the marital assets while you keep the home. You could also sell the house and split the proceeds.
What is the “7-Year Rule?”
You may find references to a 7-year rule regarding the length of your marriage when getting divorced online. This unwritten rule guided Florida courts in determining what was considered a long-term marriage. Previously, any marriage lasting seven years or longer was considered long-term. However, this is no longer the case. In July 2023, a new Florida law established the timeframes for short, moderate, and long-term marriages in Florida when determining spousal support payments and other aspects of the divorce. The new guidelines are:
- Short-term marriages: 0-10 years
- Moderate-term marriages: 10-20 years
- Long-term marriages: 20+ years
Navigating Divorce of Any Marriage Length
Getting divorced after being married for several decades poses unique challenges that must be worked through. Ensure you have an experienced divorce lawyer who’s handled complex divorce cases, like those involving long-term marriages. Contact our legal team at Peppler Law, P.A., in Oviedo, Florida, to help you with your Central Florida divorce. Contact us today for a consultation.
