Spousal support, also known as alimony, is an issue that arises in
many Florida divorces. It is the money one partner pays to the other after
their divorce, generally for a fixed period of time but sometimes, until the
receiving spouse remarries or either partner dies. This money is intended to
help the spouse who opted out of the full-time workforce to care for the
couple’s home and children during the marriage to avoid financial hardship.
In a collaborative divorce, the divorcing couple works together to make
their own determinations about their divorce settlement, rather than having the
court make them. Alimony is often an issue discussed during collaborative
divorces alongside parenting time and the division of the couple’s marital
assets.
In Florida, you Can Waive your Right to Seek
Spousal Support
Florida law permits individuals to waive their right to seek alimony in the
event of their divorces in prenuptial agreements. This is not the case in all
states.
Just like a collaborative divorce, a prenuptial agreement requires a couple
to be flexible and willing to work together to make determinations that benefit
them both, even in unpleasant situations like divorce.
Waiving Spousal Support in Exchange for a Larger
Share of Marital Assets
When you divorce through collaboration, rather than litigation, you and
your spouse work together to reach a divorce agreement that best fits your
needs. In any divorce, dividing your marital assets is a component of the final
settlement and often, it is the largest component of the settlement. Talk about
potentially opting out of alimony in exchange for a more favorable share of
your marital assets with your spouse, but also with your lawyer privately –
there could be issues you do not initially recognize, like large tax burdens
associated with certain marital assets or the long-term impact of choosing not
to create an alimony order.
Collaborative Divorce is All About Keeping
Control of your Divorce
Couples who choose collaborative divorce are often more satisfied with the
results of their divorces than couples who divorce through litigation.
If you took on lower-paying jobs or opted out of the workforce completely
during your marriage, alimony is a way to protect your financial future. Do not
confuse the need to be amicable in a collaborative divorce with a need to agree
with everything your spouse suggests. If you feel alimony is in your best
interest, explain this and support your position with relevant facts during
your collaborative divorce meetings. Your lawyer is your advocate, but you also
need to advocate for yourself.
Work with an Experienced Winter Park Divorce
Lawyer
When you are considering divorce, you have a lot on your mind. Before you
begin the collaborative divorce process, discuss these issues with your divorce lawyer so you begin the process educated about
Florida’s divorce laws and what you can expect given your case’s unique
circumstances. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C.
today to schedule your initial consultation with us.
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