How Can I Avoid Alimony in Florida?

Jan 10th, 2024

Alimony, also known as spousal support, is a financial obligation that arises as the result of a divorce. In Florida, the court determines alimony based on several factors including the duration of the marriage, the income of the spouses, and the standard of living during the marriage. It can be a significant financial burden. Many people wonder if there is anything they can do to avoid paying alimony after their marriage ends.

Here’s what you need to know.

Proving Your Ex-Spouse is Capable of Supporting Themselves

One way to avoid paying alimony is to show that your ex-spouse is capable of supporting themselves.

To do so, you need to provide evidence that they are earning income through a job or other means. If you suspect your spouse is earning money but keeping it secret, an attorney can help you investigate the situation.

Agreeing to a Lump Sum Payment

Another way to avoid ongoing alimony payments is to agree to a lump sum payment. You’ll pay one time, but you won’t have to commit to several years of alimony payments.

Typically, lump sum payments are calculated based on the projected duration and cost of the ongoing support you’d pay. While this approach may result in a higher upfront cost, it can reduce the long-term financial burden of continuing alimony payments.

Filing for Modification or Termination of Alimony

If you are already paying alimony, but your situation has changed, you may be able to file for a modification or termination of alimony.

For example, if you lose your job or have a significant change in income due to retirement or another reason, you could argue that you are no longer able to afford the payments. Similarly, if your ex-spouse remarries or cohabits with someone else, you could argue that they no longer have a financial need for alimony.

Recent changes to Florida’s alimony laws mean there is no more permanent alimony. This is good for those who were hoping to avoid alimony, but whose ex-spouses were eligible for payments.

Prenuptial Agreements

A prenuptial agreement is a legally binding contract that couples sign before marriage. One of the clauses that can be included in a prenuptial agreement is the elimination or limitation of alimony payments in the event of a divorce.

If you are about to marry, you may want to consider drafting a prenuptial agreement with the help of an attorney. It can be a useful way to protect your financial interests in the long run.