By Robin Roshkind, Esquire, West Palm Beach, Florida
If you are in a short term marriage defined as five years or less by the case law in the state of Florida, chances are you will not be able to collect alimony from your spouse in divorce court. Or if you qualify, alimony will be of the bridge the gap variety, if at all.
Alimony or spousal support is based upon the relative incomes of the parties or the relative access to independent funds. One spouse has to prove a need, and the other spouse’ ability to pay. If a spouse has the need, but the other has no ability to pay, there will be no alimony irregardless of the length of the marriage. Also, a court cannot award an alimony for a time that is longer than the marriage, if at all, unless the marriage is 17 plus years and the spouse qualifies for permanent alimony.
Bottom line, if you are in a short term marriage, chances are the court will not grant you any alimony unless it is also short term, as in bridge the gap alimony. An award of alimony is determined by 30 statutory factors, so consult with one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information. REMEMBER: divorce cases are fact driven and every case is different. Remember too that Florida is a no fault state and alimony is generally not a punishment but an entitlement.