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Posted by LEISA WINTZ | May 09, 2024 | 0 Comments

Lump sum alimony is a method of allocating payments in a divorce settlement, rather than a specific type of alimony. It requires a showing of need on the part of the recipient spouse, an ability to pay on the part of the payor spouse, and a justification for the payment. This form of alimony can be awarded either as a lump sum or as periodic payments, and it is designed to provide economic assistance to the recipient spouse in order to achieve self-support.


In the state of Florida, the court is permitted to award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance. However, it is important for the court to make sufficient factual findings of need and ability to pay when determining the alimony award. Failure to do so can result in the award being reversed and remanded for further consideration.


It is also important to note that bridge-the-gap alimony, which is designed to assist a party with legitimate, identifiable short-term needs, cannot exceed two years and is non-modifiable in amount or duration. On the other hand, rehabilitative alimony, which is intended to support a party in reaching an appropriate income level, may not exceed five years and requires detailed evidence regarding the cost of education, prospects of subsequent employment, and the time it will take the receiving spouse to reach an appropriate income level.


When considering lump sum alimony, it is crucial to take into account the tax treatment and consequences to both parties, as well as the obligor's compliance with the existing alimony obligation. Additionally, parties should be aware of the requirements for written findings of fact and the potential for enforcement and modification of support, maintenance, or alimony agreements or orders.


In conclusion, lump sum alimony is a significant aspect of divorce settlements, and it is essential for both parties to understand the legal implications and requirements associated with this form of alimony. Seeking legal counsel and presenting detailed evidence are crucial steps in navigating the complexities of lump sum alimony in divorce proceedings.


About the Author


Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...


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