Rehabilitative alimony…how does it work?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the State of Florida, there are several types of alimony or spousal support that one can ask for:  permanent, periodic alimony, temporary alimony, lump sum alimony, bridge the gap alimony, and rehabilitative alimony. 

This article deals only with rehab alimony.   Alimony in general is based upon one spouse’ need and the other spouse’ ability to pay.  Both prongs must be met for an award of alimony.  Rehabilitative alimony is usually a specific, short term alimony that puts a spouse back into the employment market.  It is alimony specifically paid for the purpose of  completing one’s education so as to obtain employable skills. 

For example, if a wife has completed two years of college, she can request reabilitative alimony to complete the last two years for her degree.  Or if a teacher who has retired during the marriage has to renew a teaching certificate and needs several courses to get up to speed, rehabilitative alimony would be awarded for that purpose.   

In order to get rehabilitative alimony, one must have a specific plan in place.  You must know exactly what additional schooling or training you need for a specific career, where you will be doing your training, how long it will take, and how much it will cost.  Without these details, presented as evidence in court, the judge will not award you rehabilitative alimony.   

Rebabilitative alimony as one form of alimony, can and usually is  awarded with other forms of alimony.  For more information about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Women who pay alimony.

By Robin Roshkind, Esquire, West Palm Beach, Florida

It does happen.  Wives earn more money than their husbands.  Like the song says, what does love have to do with it?  There are high powered executive women who do pay alimony to car mechanics.  Here’s why:

In long term marriages of 13 years or more, and where the major breadwinner of the family is and has been the wife, chances are better than 50% that the husband will collect alimony, if the wife has historically and consistently been earning 20% or more than the husband. 

The law of alimony is need and ability to pay.  If the husband can prove need and the ability of the wife to pay for his support, then alimony will be awarded, provided the husband meets many of the 30 statutory factors in an alimony award.  Some of those include contribution to the marriage, age and health of the parties, lifestyle during the marriage, duration of the marriage, education levels of the parties, employment opportunities available and relative incomes of the parties. 

The biased attitude is:  what kind of man would accept that.  However, there are many women who cheat on their husbands.  It’s a gender neutral world in the eyes of the law. 

For more information about this or other divorce topics, please call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Do you qualify for alimony?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the state of Florida, there are several types of alimony:  bridge the gap, rehabilitative, permanent and lump sum.  Florida Statute Chapter 61.075 controls whether or not a spouse in entitled to alimony.

The first premise is need of one spouse and ability of the other to pay.  Then there are about 30 statutory requirements that determine whether or not a spouse is a candidate for some type of alimony support.

Factors such as age of the parties, health of the parties, contribution to the marriage, duration of the marriage, education of the parties and other circumstances are considered under the law in an alimony award.

If the parties agree to settle, there could also be an agreement on alimony and whether or not it should be modifiable.  If a payor is anticipating an increase in salary or bonus down the road, it would pay to have unmodifiable alimony., one that won’t change even if income goes up.   Likewise if the payee anticipates a greater need, say for health reasons, down the road, it would be beneficial to have a modifiable alimony, one that could be changed because of changed circumstances later on.

Alimony and other subjects are discussed in the Robin Roshkind, P.A. website at www.familylawwpb.com, or call to discuss your particular situation with one of the attorneys at the Firm at 561-835-9091.