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 Type Of Divorce Will You Have? Part 1: Alimony

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the state of Florida, there are legally defined, three types of marriages:  short term, durational, and long term marriages.   Depending upon where your marriage falls, this can determine what kind of divorce outcome you get.

Short term marriages fall into the category of 0-2 years.   In terms of litigation, if your spouse is asking for alimony, chances are the shorter the marriage, the less likely there is going to be an alimony award.   Two plus years up to 17 years of marriage falls into the durational marriage category.  What this means is, if a spouse shows need and that the other spouse has ability to pay, and there is disparate incomes, the court has the legal ability to award alimony up to the length of the marriage.  For example, in a 6 year marriage, the court cannot award alimony for 8 years.

Long term marriages are legally defined as 17 years plus.  In this type of marriage, the court has the ability to award a spouse lifetime or permanent alimony.   There are still many statutory factors that the court must consider in awarding alimony.  But length of the marriage determines the time frame for alimony.  If you are thinking about getting divorced in Palm Beach County, Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 for more information or click on the Firm’s web site at www.familylawwpb.com for more information.