Can You Negotiate Your Own Alimony Deal in a Florida Divorce?

Recent changes to Florida’s alimony laws have caused confusion among spouses. Even before these laws took effect, alimony was a somewhat complex endeavor in the Sunshine State. To determine how much alimony you might owe or receive, you need to consider various percentages, income disparity, and the length of the marriage. Can you skip all of this complexity and simply negotiate a deal with your ex outside of court?

Do I Have to Follow Florida’ New Alimony Laws? 

You don’t necessarily need to follow Florida’s new alimony laws. Instead, you can negotiate the terms of your alimony outside of court. As long as you and your spouse agree on how to handle alimony, you can resolve this issue with a private contract. Spouses can work with alimony lawyers to negotiate the terms of these agreements during mediation – or other alternative dispute resolution processes.

That being said, Florida’s new alimony laws can affect how spouses negotiate their alimony. The threat of litigation underpins these negotiations. In other words, spouses understand that if the negotiations fail, they will go to court. If they go to court, Florida’s new alimony laws apply.

Can You Negotiate Higher Alimony During Divorce Mediation in Florida?

Yes, this is possible. But why would your ex agree to such an agreement when they can simply pay less by going to court? They might agree to pay you more alimony than they would normally pay in court for a few reasons:

First, the cost of litigation might outweigh the cost of higher alimony. Divorce trials are time-consuming, and they almost always involve higher legal fees compared to mediation. A spouse might agree to pay a slightly higher alimony sum to avoid these legal fees.

Secondly, the spouse might be genuinely concerned about their ex’s financial stability. In an amicable divorce, it might be in everyone’s best interests to ensure economic security for the entire family. This is especially true if there are children involved.

Can a Florida Prenup Control Alimony? 

If you want to negotiate your own alimony agreement, the obvious option is to create a prenuptial agreement. This is a type of private contract that allows you to control the terms of your divorce before it happens. In this document, you can detail exactly how you’d like to handle alimony. Note that your spouse must agree to this alimony agreement. As the name suggests, you must also create a prenuptial agreement before you sign your marriage contract.

Find a Qualified Alimony Lawyer in Florida 

A satisfactory alimony solution might be easier to achieve than you realize. Work with a qualified alimony lawyer in Orlando, and you can handle alimony outside of court. Steve Marsee, P.A. is familiar with mediation strategies and the latest updates to Florida’s alimony laws. Reach out today to discuss your next steps in more detail.

Sources: 

flcourts.gov/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida#:~:text=by%20the%20court.-,A%20mediated%20agreement%20allows%20you%20and%20the%20other%20person%20or,specific%20to%20your%20individual%20needs.

pnj.com/story/news/politics/2023/07/03/florida-alimony-reform-law-sb-1416-explainer/70379415007/