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Can Both Spouses Mutually Agree To Not Pay Alimony?


Also known as spousal support, alimony can be seen as an unnecessary endeavor by many modern spouses. But will you be forced to pay alimony even if you both don’t want it? This is a question many couples ask themselves as they approach divorce – especially those who are both working professionals with little need for additional financial assistance. The truth is that you might have much more control over your divorce than you think, and you might have the option to sidestep alimony altogether.

To explore your options for alimony in more depth, it always makes sense to get in touch with a qualified, experienced divorce attorney as soon as possible. With help from one of these legal professionals, you can choose the option that makes the most sense for your unique situation. While internet research can provide you with some basic information, it can never provide personalized legal advice in the same way as a lawyer. It’s always a good idea to book your consultation as soon as possible.

When Alimony is Mandatory 

In some situations, alimony is mandatory. For example, when one spouse wants alimony and is entitled to receive it, the other spouse must provide it. It is only when both parties agree not to pursue alimony that this type of spousal support may be avoided. Even then, it is up to the judge to decide whether alimony should be enforced, and in some cases they may award alimony even when both spouses mutually agree not to pursue it.

 Choosing Collaborative Divorce 

Collaborative divorce is the most obvious way in which both spouses can agree not to pursue alimony. With this approach, spouses agree to settle their divorce-related issues outside of court. Instead of going through a trial, they meet with their respective lawyers and create a separation agreement.

A higher degree of flexibility is possible when spouses draft these settlements. For example, both spouses may agree to forgo alimony. In other situations, one spouse may agree to give up their right to alimony in exchange for something else of value. They may decide to forgo alimony in exchange for taking the family car, for instance. Or perhaps both spouses may decide that alimony should only be awarded for a few years – even if the receiving spouse is entitled to decades of alimony.

There are many factors to consider when dealing with alimony, including potential tax implications. Your divorce lawyer can help you choose the best possible option for your specific situation.

Enlist the Help of a Qualified Attorney Today 

If you’ve been searching for a qualified, experienced Orlando divorce lawyer, look no further than Steve Marsee, P.A. Over the years, we have helped numerous couples in the Sunshine State with various divorce-related legal issues, including alimony, child custody, and much more. During your first consultation, we can help you review your various options. From there, we can choose a solid action plan and move forward with a degree of confidence and efficiency. Book your consultation today to get started.




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