Can Alimony Help Me Avoid a Divorce Trial in Orlando?

Due to the end of permanent alimony in Orlando, many spouses assume that these payments are no longer necessary. However, it is only permanent alimony that has been abolished in Florida – and there are still plenty of laws that require these spousal support payments after divorce. In addition, alimony could be useful in many situations – even for paying spouses. In some cases, it could help spouses avoid time-consuming, expensive divorce trials.

Why a Negotiated Alimony Agreement Could Pave the Way for Uncontested Divorce

 If your ex knows they will receive alimony during a divorce trial, it may make sense to create a private, negotiated agreement rather than going to court. Unless your ex forfeited their right to receive alimony through a prenuptial agreement, you’re probably going to have to make these payments whatever happens.

In some cases, you may be able to avoid paying alimony if you prove your ex engaged in some kind of financial misconduct. This might include using marital funds to pay for substance abuse, affairs, or gambling. The problem is that you’ll need to prove this misconduct in court, and this process can be expensive. In fact, the legal fees could be higher than what you would have paid in alimony – making the entire endeavor pointless. Remember, if you disagree on even one aspect of your divorce, a trial is necessary.

In other states, going to court to avoid paying alimony could be worth it – especially for those who face long-term or permanent spousal support payments. However, this is no longer allowed in Florida – and you’ll probably pay only a few years of “rehabilitative alimony” regardless of what happens.

How Do I Negotiate With My Ex About Alimony? 

Alternative dispute resolution (ADR) is cheaper, more private, and quicker than the average divorce trial. Specific strategies include mediation, collaborative law, and arbitration. While these options are distinct in various ways, all options allow spouses to create their own alimony agreements without going to trial.

You could simply agree to give your ex what they would have received during a trial. You might agree to pay them a little more in exchange for agreeing to avoid a trial. Your ex might also agree to accept less than what Florida law would have enforced – especially if you offer other concessions in exchange. For example, you might agree to hand over a family vehicle – or a greater share of the family home.

Can an Alimony Lawyer in Orlando Help Me? 

An alimony lawyer in Orlando may be able to help you pursue positive results during divorce. Work out a fair spousal support agreement in private, and you may be able to end your marriage without unnecessary, expensive litigation. The cost of paying your ex for a few years after the marriage could be much less than the legal fees you’ll pay during a trial. To learn more about the next steps, consider speaking with Steve Marsee, P.A. today.

Sources:

 leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

flsenate.gov/Committees/BillSummaries/2023/html/2984