Florida has a law that says if you have been in a marriage for more than seven years, then the courts might deal with you differently than if you were married for less than seven years during the utterly sensitive phase of divorce.
It’s pretty common for residents to turn to the courts and legal counsel when going through their divorce as divorce law can be rather complex, not to mention the highly intimidating nature of a divorce.
What is the 7-Year Rule?
The 7-year rule in Florida is used as a reference point by courts to classify marriages based on their duration. Marriages lasting seven years or more are considered long marriages, whereas those shorter than seven years fall under the short marriage category.
This distinction is crucial because the length of a marriage can impact how financial and parenting decisions are made.
The Evolution of the Rule
The rule was simple. For instance, a marriage was regarded to be long term if it had been in force for more than seven years. If it was shorter it was considered as “short term”. Both alimony and asset division were based on this distinction.
But the rule has changed. Florida law has adapted to include updated categories for marriage length when determining alimony and related considerations:
- Short-term marriage: Fewer than 10 years.
- Moderate-term marriage: Between 10 and 20 years.
- Long-term marriage: 20 years or more.
These classifications now shape how courts assess alimony and asset distribution. This change reflects a broader understanding of marriage complexities, moving beyond a strict 7-year threshold.
Why the Length of Your Marriage Matters
The length of your marriage is not just mere arithmetic. It affects various aspects of divorce proceedings, including:
Alimony
Most of the time, the court uses the notion of duration of marriage as one of the grounds for granting alimony. A long-term marriage is likely to trigger the award of a significant amount of alimony since the court is likely to assume that one spouse gave up a career or other opportunities for the family.
Asset Division
Taking the matters of spouse relationship and interdependence into consideration the longer the marriage the more combined the finances will be. One of the concepts used in the distribution of marital property is equitable distribution of property given the history of time each spouse contributed.
Child Custody and Support
Also, where children are involved, long-enduring marriages are likely to involve more complicated property rights and settlement, as well as child support.
Short vs. Long Marriages in Divorce
Short-term marriages have less complicated procedures by default. Assets and liabilities are quite easy to split, the percentage of taking alimony is also much less. Couples in short-term marriages may not have the same financial challenges thus the process may not be as complicated.
Long-term marriages are different. They often involve more assets and complex issues such as:
- Spousal support: Courts are more inclined to grant alimony in long-term marriages. The goal is to help a spouse maintain a similar standard of living post-divorce.
- Property division: The division of property can be more challenging. Marriages longer than 20 years often lead to a deeper analysis of asset contributions.
- Parenting plans: A long marriage with children may result in more involved and comprehensive parenting plans. Courts assess each parent’s role and contribution over the years.
What Does Florida Law Say Now?
Current Florida law has adjusted the previous use of the 7-year rule. The legal standards now classify marriages into three categories: short, moderate, and long-term. The specific distinctions are:
- Short-term: Less than 10 years. Courts may award temporary alimony but are less likely to grant long-term support.
- Moderate-term: Between 10 and 20 years. This can involve potential long-term alimony if one spouse needs time to become self-sufficient.
- Long-term: 20 years or more. These marriages may lead to alimony, especially if one spouse significantly contributed to the other’s career or had limited job prospects.
How the Rule Impacts Divorce Cases
If you are in a divorce case, then you fully understand that the period you have been married will determine the result of the case. The longer the marriage, the more chances the court shall grant alimony and divide property- as equally as possible.
For instance, in a long union marriage, if one party quit working to raise children or support the other’s profession, they may be considered a dependent spouse by the court to warrant spousal support. This support means that they can live decent lives similar to the time they were married.
On the other hand, in a short-term marriage, then the courts may award only the rehabilitative alimony or may not award it at all. It is reasonable, as are expected to be more self-sufficient after a fewer number of years in marriage.
Factors Considered by Florida Courts
Florida judges consider many aspects when determining alimony, asset division, and child support:
- What each spouse is capable of earning.
- Each spouse’s contribution to the marriage, including non-monetary contributions such as homemaking.
- The financial status of each spouse.
- If children are involved, the court evaluates each parent’s role.
- The lifestyle during the marriage.
These factors help judges make decisions that ensure fairness and justice for both parties.
Conclusion
The Florida legal system seeks justice with fairness and mercy, considering the complex interactions between two human beings. The seven-year norm, which aims to advance justice and understanding, is unquestionably flexible rather than a rigid cap.
Each divorce reveals a unique story about the relationships, financial issues, and personal growth of the parties involved. Although legal procedures provide a structure, their primary goal is to support people through a significant life transition with respect, decency, and optimism.
For more information on Florida divorce laws, the Affordable Divorce Center provides informative and accessible information. A commercial resource, it gives an accurate insight into Florida’s legal framework surrounding divorce, which can provide extra support to those going through this difficult life transition.
