How to Avoid an Alimony Award During a Florida Divorce
Even if divorce cannot be prevented, you may still be able to avoid an alimony award in your divorce case in Florida. However, in some cases, alimony is inescapable, though it does not mean that Florida courts order spousal support in every divorce.
Also, an alimony award does not necessarily mean that these payments will continue for the rest of your life. Consult with an Orlando spousal support attorney to find out how you can avoid paying alimony in the state of Florida or modify the existing arrangement.
How Can You Avoid Alimony in Florida?
Let’s review several circumstances in which you might be able to avoid an alimony award during your divorce.
- You Earn Less Than Your Spouse
Florida courts review a multitude of factors when awarding alimony, one of which is the income of the spouse requesting spousal support and the spouse who is expected to make these payments.
Regardless of how desperately your departing spouse needs alimony, the court may not award an alimony award if you earn less or your earnings are more or less the same. However, other factors will also play a role in the determination, including the standard of living during the marriage, each spouse’s earning capacity, the length of the marriage, and others.
- Your Marriage Did Not Last Long
If you were married for 20 years or longer, an alimony award is most likely unavoidable, especially if you were the primary breadwinner most of the time. However, if your marriage was short, the court may not order spousal support as it will be easier for spouses to return to the same financial condition they had before the marriage.
- Request a Vocational Evaluation
Spouses are able to minimize or avoid alimony payments entirely if they can prove that their spouse’s need for spousal support is exaggerated or non-existent. You can ask the judge to order a vocational evaluation as part of your divorce proceedings.
Then, your spouse’s job skills, earning capacity, and the ability to earn a living will be assessed by a vocational expert. That evaluation can help your former spouse find the most appropriate job or career based on his/her job skills, education, and particular abilities so that your spouse is no longer in need of spousal support payments.
At worst, you might have to make payments for a limited period of time before your former spouse finds an appropriate job matching their skills to earn the desired level of income.
- Agree Outside of Court
If you are going through an uncontested divorce and you do not need a judge to decide for you, you can reach the most suitable agreement if you are on the same page about alimony payments. In other words, if both of you agree that spousal support is not necessary following your divorce, you can get the appropriate alimony agreement in writing and sign it despite the fact that the court could have awarded spousal support.
Let our Orlando spousal support attorneys at Law Offices of Steve W. Marsee review your particular circumstances and determine how you can avoid an alimony award in your case. Call at 407-521-7171 to discuss your options.