Options for Eliminating Alimony in Florida
Thanks to recent changes to Florida’s divorce laws, there are now numerous ways to end alimony in Orlando. The best option for you depends entirely on your unique situation, and it may be worth discussing the various choices alongside a qualified lawyer who has experience with matters related to alimony.
Prenuptial Agreements
Prenuptial agreements can potentially eliminate any possibility of alimony. However, these agreements must be created and signed before the marriage takes place. Despite this limitation, a prenup is one of the most reliable ways to prevent alimony payments. Speak with a lawyer and carefully draft your prenuptial agreement to avoid future issues – as problematic prenups are often invalidated in court. In addition, both spouses must agree to this decision. If one spouse wishes to receive alimony in the future, then they are under no obligation to sign a prenuptial that would prevent them from doing so.
Postnuptial Agreements
Another option might be to create a postnuptial agreement that waives the right to alimony. Unlike a prenup, a postnup occurs after the marriage takes place. Often, spouses create postnuptial agreements when divorce seems likely – or after they have separated. A postnuptial is less enforceable in court compared to a prenuptial. Once again, both spouses must agree to waive alimony for this option to be effective.
Separation Agreements
Spouses may also choose to handle the issue of alimony outside of court with a separation agreement. These contracts are usually the products of mediation, collaborative law, or some other alternative dispute-resolution strategy. If spouses agree that alimony is not necessary, their separation agreement can theoretically eliminate this possibility entirely. Note that if the waiver of alimony would leave a spouse destitute, the separation agreement could be deemed “unconscionable” and therefore unenforceable.
Retirement
New laws in Florida make it easier to end alimony upon retirement. If you are eligible to retire, you can end alimony simply by officially ending your career. If you have already retired, you may already be eligible to end your alimony payments. Speak with a lawyer to determine whether you are eligible for retirement, as the official retirement age varies based on your specific career.
Other Changes in Circumstance
Other life changes may also allow you to end your alimony. For example, if a disability prevents you from earning a living, you may end your alimony.
Simply Wait
Another strategy is to simply wait for your alimony to end. Thanks to new laws in Florida, alimony is never permanent in the Sunshine State. In most cases, alimony should only last a handful of years.
Find an Alimony Lawyer in Orlando
If you’ve been searching for an experienced Orlando alimony lawyer, look no further than Steve Marsee, P.A. Over the years, we have helped numerous Florida residents end or lower their alimony payments. We understand that spousal support represents a major financial burden for many residents – especially retirees. Book a consultation today to discuss the most appropriate way to take advantage of recent changes to Florida’s divorce laws. Ending your alimony may be easier than you think – so reach out now.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
