Berger v. Berger

Summary

The Florida Fourth District Court of Appeal held that a long-term marriage creates a rebuttable presumption in favor of permanent alimony under section 61.08, Florida Statutes. The trial court’s findings were insufficient to rebut that presumption, and the evidence supported the wife’s ongoing need for support. The court reversed the award of durational alimony and remanded for an award of permanent alimony, while affirming the remaining issues without discussion.

Holdings

1. A long-term marriage, defined by section 61.08(4) as a marriage lasting seventeen years or longer, gives rise to a rebuttable presumption in favor of permanent alimony, notwithstanding the statutory authorization of durational alimony.
2. The trial court's findings were insufficient to rebut the presumption because the judgment did not expressly find that permanent periodic alimony was inappropriate or that there was no ongoing need for support on a permanent basis.
3. Permanent alimony was appropriate because the husband had the ability to pay, the wife had substantial need, the wife lacked a history of full-time employment with benefits, and the evidence did not establish that she could reliably become self-supporting.

Questions Presented

1. Whether a long-term marriage creates a rebuttable presumption in favor of permanent alimony under section 61.08, Florida Statutes.
2. Whether the trial court's findings were sufficient to rebut the presumption favoring permanent alimony.
3. Whether permanent alimony was appropriate under the parties' financial circumstances and the statutory factors.

Disposition

reversed_and_remanded