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.

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.