Facts About Alimony in Florida Divorces

By Robin Roshkind, Esquire, West Palm Beach, Florida

Alimony awards in Florida are currently based upon one spouse’s needs and the other spouse’s ability to pay.  Along with that there are 30 statutory factors that a judge may consider in awarding alimony.  Some of the more heavily weighted factors are the length of the marriage, the age and health of the parties, the lifestyle of the marriage, education of the parties. 

There are several types of alimony: durational, bridge the gap, permanent, and lump sum.  Durational alimony is awarded usually to spouses in marriages in the 5 to 16 year category. The alimony can’t last for longer than the marriage did.  Bridge the gap alimony is usually awarded for shorter term marriages with the purpose of getting the needy spouse back on his/her feet.  Permanent alimony is usually for marriages of 17 years or longer.   Lump sum alimony is where the parties agree that a lump sum can be given instead of payouts. 

There is also non modifiable alimony and modifiable alimony.  Modifiable alimony is based on a substantial, material involuntary change in circumstances since the alimony was awarded.

Once it is determined that a spouse is in fact entitled to an alimony award, the question then becomes how much and for how long.  This is often litigated in the courtroom or agreed upon by the parties in mediation. For more information about alimony or other important divorce topics, call one of the divorce lawyers are ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Short Term Marriages Usually Mean No Alimony In Divorce

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.