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 To Do If You Want OUT!

What To Do If You Want OUT!.

What To Do If You Want OUT!

by Robin Roshkind, Esquire, West Palm Beach, Florida

If you have been thinking about getting divorced, you almost answered your own question about whether or not to proceed.  But proceed with caution.  Seek out a divorce lawyer and go for a consultation.  Know what your rights are regarding the marital home, the cars, the bank accounts.  Know what your rights are regarding the children, and how to deal with their best interests.

Know what your rights are to alimony support, attorneys fees, settlements, and mediation. It might take the work of an accountant AND a divorce lawyer, but get informed.  Only with information, will you feel good about making that final step towards divorce. For more information, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

New Year Time To Divorce?

New Year Time To Divorce?.

New Year Time To Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

It’s a new year…time to face facts:  and change jobs, go on a serious diet or leave your marriage.  In all cases, it’s about time!  Make some improvements in your life.  Life IS too short. 

Whether you are collecting alimony or paying it, it is worth it.  Whether you have the kids part time or full time, it is worth it.  Whether you need to move out or move on, it is worth it.  Seeking alimony, child time sharing, child support, or enforcing court orders you already have, are worth it! 

Whether you are going to mediation or divorce court, it is worth it.  Call a divorce lawyer to find out your rights.  It is worth it!  For more information about divorce call one of the lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

All I Want For Christmas Is A Divorce. How Do I Get One?

by Robin Roshkind, Esquire, West Palm Beach, Florida

You start by taking stock…of your situation, your family finances, your assets and your debts.  Educate yourself as to your spouse’ income, his/her spending, and whereabouts.  Then pick up the phone to a divorce lawyer.

Once you have a good idea of the value of your house, your stock accounts, your incomes, get your hands on your tax returns, bank statements, credit card bills, mortgage papers, loan applications, insurance documents, estate planning instruments, and anything else that evidences money. 

Remember in Florida, there is no fault divorce; there is equitable distribution of marital assets and debts, and there is premarital property that may or may not have been comingled.  There is also permanent alimony, durational alimony, bridge the gap alimony, and no alimony.  There is child time sharing, child support, shared parental responsibility, or sole parental responsibility. 

There is money for attorneys fees and costs, or not.  There is mediation and settlement, or trial.  There are depositions, mandatory financial disclosure, and penalties for not producing financial disclosure.  Divorce is a process, but in certain circumstances, it is the best gift you could ever give yourself.  You don’t need his/her permission to get a divorce in this state.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.  

Divorce Depositions And What To Ask

Divorce Depositions And What To Ask.

How To Navigate The Deadlines In Divorce Litigation

By Robin Roshkind, Esquire

Divorce is a process.  It takes time to get from one point to the next.  First, when you file, your petition for dissolution of marriage, the other spouse must be served with divorce papers.  Once served, that spouse has 20 days to file a responsive pleading and/or a counter petition for divorce.  Should a counter petition be filed, you, the filing spouse, have 20 days to respond to that counter petition.  Then comes the discovery and disclosure of financial information.  A financial affidavit must be filed along with supporting documents given to the other side.  Motions to compel mandatory disclosure may have to be heard by the judge.  However, once all the disclosure requirements are met, the parties can set a mediation in an attempt to settle the matters in dispute.  At this point, you have already spent 3 to 6 months or longer to get to mediation.  At mediation, the divorce may fully settle, partially settle or there may be no settlement at all.  If there is no settlement, a temporary relief hearing will be scheduled before the judge.  Typical relief is child support, alimony and attorneys fees to finance the litigation of this pending divorce. 

This, of course, is an overly simplified discussion of the process and curve balls may get in the way, costing time and money.  The important thing to do is talk to your lawyer and understand the time lines, so you don’t have unrealistic expectations.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.