Can I Avoid Paying Alimony In Florida?

Posted on : May 25, 2022
alimony

Paying alimony or spousal support after a Florida divorce can put a significant financial strain on your family after an already difficult (and expensive) separation. Even if alimony is ordered temporarily, this can still make it challenging to live independently during and after your divorce. Here are some strategies to potentially avoid paying spousal support and how an experienced Florida divorce lawyer can help you.

Set Up a Prenuptial Or Postnuptial Agreement

An effective way to prevent yourself from being responsible for spousal support in the event of a divorce is to have this stipulation written into a prenuptial or postnuptial agreement. You can avoid hefty alimony payments from the get-go if you have a viable prenup or postnup in place.

File a Fault Divorce On the Grounds of Adultery

Many Florida divorce courts will look unfavorably upon a spouse seeking alimony if they have committed adultery and this was the reason for the breakdown of the relationship. However, you won’t be able to just tell the judge that your spouse cheated on you. If you make this claim and file a fault divorce, you will bear the burden of proof. This means you will need to have compelling evidence like photographs, text messages, and witness statements to back up your allegations.

Show Why Your Spouse Does Not Need Financial Support

If your spouse has an adequate job or other means of supporting themselves, you can show the court that your spouse does not require your financial support. Alimony is not punitive, meaning that it can’t be ordered to “punish” you for wrongdoing in the marriage. If you can prove that your spouse is fully capable of financially supporting themselves after the divorce, it’s unlikely that they will be awarded alimony, even on a temporary basis.

Take a Demotion

If you are able to live below your means and take a demotion or a lower-paying job, this can prevent you from paying so much in alimony or may even eliminate the prospect of spousal support altogether. If spousal support is awarded, it will be calculated based on your income.

Call Florida Divorce Lawyer Kevyn Noonan Hayes, P.A. 

Protect yourself from costly spousal support that has the risk of jeopardizing your financial wellbeing after divorce with the help of Florida divorce lawyer Kevyn Noonan Hayes, P.A. Call now for a consultation at 239-591-6248.

Posted in : Kevyn Noonan Hayes, P.A.

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