Do I Need to Include Alimony in an Orlando Prenuptial Agreement?

If you’re approaching marriage in Orlando, you might be considering a prenuptial agreement. An effective prenup has many elements in Florida, and one of your key priorities could be alimony. Otherwise known as “spousal support” in Orlando, these recurring payments have the potential to drastically affect the financial well-being of both spouses after divorce. But is it even necessary to include alimony in your prenup after recent changes in Florida?

Alimony Will Never Be Permanent in Florida 

Due to the recent abolishment of permanent alimony in Florida, spousal support may be less of a concern for those creating prenuptial agreements. No matter what happens, neither spouse will face the possibility of paying alimony forever. This may be a welcome source of relief for high-net-worth individuals approaching marriage, as it is one less thing to worry about when protecting wealth from the consequences of divorce.

Note that alimony is only necessary if the marriage involved an income disparity between the spouses. If both spouses earned roughly the same amount of money, there is also no need to worry about these payments.

Why You Might Still Want to Mention Alimony in Your Prenup

But does this mean that you don’t have to mention alimony at all in your prenuptial agreement? It depends. If your spouse needs to re-enter the workforce and regain their financial independence, they may be eligible for “rehabilitative alimony.” Even though permanent alimony has been abolished in Florida, spouses may still receive various forms of financial assistance. The purpose of these spousal support payments is to help them regain certifications or degrees as they begin working once again. Alternatively, they may need to gain certifications for the first time – having never worked in their lives.

If you want to avoid these payments, a prenup could help. You and your future spouse could agree to reduce alimony obligations to a significant degree. However, it may not be possible to completely forgo alimony with a prenuptial agreement – especially if your spouse is in dire economic straits after the divorce. Florida family courts may want to protect spouses from becoming totally destitute after divorce, regardless of the terms of a prenuptial agreement.

If you create a prenuptial agreement that completely removes any alimony obligations, the family court may invalidate it. To avoid this issue, it might be better to reduce alimony obligations with a prenup instead of removing them entirely. Alternatively, you could offer a lump-sum payment or some other equivalent asset. Florida does not want divorced spouses to become dependent on the state for financial support.

Can an Orlando Alimony Lawyer Help Me? 

Whether you’re approaching marriage or you’re already going through a divorce, an Orlando alimony lawyer may be able to help you pursue positive outcomes. The end of permanent alimony in Florida makes spousal support less important for prenuptial agreements – but you still might want to mention it in your contract. Each family is different, and a consultation with Steve Marsee, P.A. could help you assess your unique needs. Contact us today to get started.

Sources: 

flsenate.gov/laws/statutes/2022/61.08

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