Am I Ineligible for Alimony?

Alimony, or spousal maintenance, often ends up being a critical component of divorce proceedings. This is a type of payment made by a higher-earning spouse to a lower-earning spouse after a divorce is finalized to help the latter maintain the same standard of living that the parties enjoyed during the marriage. It’s important to note, however, that not everyone is eligible for alimony. Read on to learn more about whether you or your soon-to-be former spouse could qualify for alimony after your Florida divorce.

Were You Only Married for a Short Time? 

In Florida, how long a marriage lasted plays a significant role in determining whether a spouse is eligible for alimony. As a result of recent changes made to Florida’s alimony law last year, marriages lasting less than ten years are now deemed to have been of short duration. This is an important distinction because courts are far less willing to award alimony in cases of short-term marriages. Even if alimony is approved in such a case, the duration and amount of the award will usually be much lower than if the marriage lasted longer than a decade.

Are You Capable of Self-Sufficiency? 

Spouses who are seeking alimony will need to prove that they have a need for financial support before a court will order payments. As a result, if the spouse seeking alimony is capable of being self-sufficient with his or her own income, then it’s unlikely that a court will award alimony. To qualify as self-sufficient, a spouse must be able to meet his or her financial needs independently without support from a spouse. Whether a person meets this standard will depend on his or her employment history and earning capacity, education and skills, and age and health. If a court decides that the person seeking alimony is capable of supporting him or herself without assistance, alimony will most likely be denied.

Did You Engage in Misconduct During the Marriage? 

Florida is a no-fault divorce state, which means that in order to end a marriage, neither spouse is required to prove that the actions of the other were responsible for the union’s failure. However, marital misconduct, like adultery or financial deceit can impact certain decisions, including those related to alimony. If a court finds that marital misconduct had a detrimental financial impact on the marriage, then it is much less likely to award alimony to the at-fault spouse.

Did You Waive Your Right to Alimony? 

Prenuptial and postnuptial agreements have become an increasingly common way for couples to protect their financial interests during marriage. In these agreements, spouses often agree to waive their rights to alimony in exchange for other benefits, like a larger portion of a shared asset in the event of divorce. As long as these agreements are executed properly and aren’t deemed unconscionable, then Florida courts will almost always uphold them. This means that if a spouse agreed to waive the right to alimony in such a contract, his or her request for alimony during the divorce will usually be dismissed right away.

The Experienced Alimony Lawyers at Cairns Law Can Help 

Navigating alimony-related issues can be difficult, as there are a lot of factors that affect eligibility for such payments. For a better understanding of these factors and whether you can expect to receive alimony in your own divorce, please reach out to Cairns Law at 727-683-1472 and set up a meeting with a dedicated Largo alimony lawyer today.

Sources: 

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

floridabar.org/practice-areas/marriage-and-prenuptials/