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.

What Is A Motion To Compel?

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By Robin Roshkind, Esquire, West Palm Beach, Florida

A motion to compel is filed with the divorce court and heard by the divorce court judge when a party to a divorce does not do something required to get the divorce finalized.  Usually a motion to compel has a request for attorneys fees or sanctions in it, since the filing of this type of motion was caused by the bad behavior of the other party, for which he/she might have to pay your attorneys fees and costs for having to bring the motion in the first place.

Motions to compel are filed when your spouse does not provide things you are entitled to in the divorce process.  For example:

1) A financial affidavit which is a requirement for a divorce in Palm Beach County, Florida

2) Mandatory disclosure, including tax returns, bank statements, credit card bills, pay stubs, and the like,  including other financial information to…

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