Alimony Wellington, Florida

In divorce proceedings, lump sum alimony is not a third type of alimony, but a means to accomplish rehabilitation or permanent support. It establishes a non modifiable and non-terminable obligation. “Section 61.08(1), Florida Statutes (2008), authorizes permanent alimony “payments in lump sum.”

In Taylor v. Taylor, the Florida Court of Appeals stated that: “Lump sum alimony is ‘not actually a third type of alimony’ but ‘a means to accomplish the ends of rehabilitative or permanent alimony.’Borchard v. Borchard, 730 So. 2d 748, 751 (Fla. 2d DCA 1999). It differs from other alimony remedies in that it may be comprised of real property, such as a spouse’s half-interest in a marital home, and it ‘establishes a fixed monetary obligation that vests immediately, is non modifiable, and does not terminate when the payee remarries or when the payor dies.’ Pipitone v. Pipitone, 23 So. 3d 131,137 (Fla. 2d DCA 2009) (citing Borchard, 730 So. 2d at 751); see also Halberstadt v. Halberstadt, 72 So. 2d 810, 811 (Fla. 1954) (permitting an award of real property as lump sum alimony); Simpson v. Simpson, 678 So. 2d 882, 882 (Fla. 3d DCA 1996) (same).”

To award lump sum alimony for the purposes of spousal support, the trial court must find “proof of special circumstances, where other forms of alimony are not available or appropriate.” Greene v. Greene, 895 So. 2d 503, 512 (Fla. 5th DCA 2005) (footnote omitted). As this Court has explained, two predicates have evolved for the award of lump-sum alimony. The first of these is that the trial court must find some special necessity for lump-sum payment of alimony. If support is needed, there must exist unusual circumstances which would require a non-modifiable award of support. These findings of special circumstances must be something above and beyond the justifications for an award of permanent periodic alimony. Rosario v. Rosario, 945 So. 2d 629, 632 (Fla. 4th DCA 2006) (citations omitted).”

To speak with a divorce attorney in Wellington, Florida about alimony call Matthew Lane & Associates, P.A. at (561) 651-7273.

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