How Can I Avoid Paying Alimony in a Florida Divorce?
Are you worried about paying alimony? You aren’t alone. The financial burden can extend for years depending on what type of alimony the court awards your spouse. Recently, however, Florida passed several laws that benefited the payers of alimony. Among other things, it did away with permanent alimony and it made it easier for the payer of alimony to petition the court for reductions or elimination of alimony payments.
In Florida, alimony is known as spousal support payments. Spousal support payments are a payment made from one spouse to the other, usually on a monthly basis, to help that spouse maintain the same standard of living they enjoyed during the marriage. The Florida courts could decide to award alimony on the basis of several factors including the duration of the marriage, the relative income of both spouses, and the standard of living the couple established while they were married. In this article, the Clearwater, FL divorce lawyers at Cairns Law, P.A. will discuss some practical techniques for avoiding alimony payments.
Proving your spouse is capable of supporting themselves
The recipient of alimony must petition the court for an alimony award. They do this by proving that there is a genuine need for alimony and that the paying spouse has the ability to pay alimony. So, one way to avoid paying alimony is to establish that your former spouse is capable of supporting themselves. This would include providing evidence that they are earning income from a job or investments and are capable of maintaining the same standard of living that they had during the marriage. If you suspect that your spouse is earning money and attempting to hide their income, your family law attorney can assist you in uncovering the subterfuge.
Agree to a lump sum payment
It’s possible given the circumstances of your case that you may not be able to avoid paying alimony altogether. However, you might be able to avoid making monthly payments by offering to make a lump sum payment to the recipient spouse instead of monthly payments. Lump sum payments are generally calculated based on the duration and amount of alimony you would end up paying if the court awarded spousal support. Such an approach would result in a higher upfront cost but would reduce the overall financial burden long term.
Draft a prenuptial agreement
You may have not thought of this in time, but drafting a prenuptial agreement that explicitly states you will not have to pay alimony in the event of a divorce could prevent you from having to pay alimony after your divorce is finalized. Prenuptial agreements can contain provisions related to alimony. These provisions are enforceable so long as they are entered into voluntarily.
Talk to Largo, FL divorce lawyer today
The Largo family lawyers at Cairns Law, P.A. can help you avoid making alimony payments to your former spouse. Call our office today to schedule an appointment and we can begin addressing your concerns right away.
