How can I avoid paying alimony?

On Behalf of | May 23, 2023 | Alimony, Divorce |

A divorce can be an expensive legal proceeding, but you can find solace in the fact that it will inevitably end. Until you realize you have the legal obligation to make alimony payments. Alimony is a monthly expense that you pay to your former spouse after the divorce, the duration of which depends on the court. If you wish to avoid paying alimony, here are suggestions you can consider.

Establish a prenuptial or postnuptial agreement

A prenuptial agreement is a contract both parties agree to before they marry. It outlines the terms of the divorce before it even happens. A postnuptial agreement is like a prenup, except the spouses agree to it after the marriage ceremony. A prenuptial and postnuptial agreement can stipulate that neither of you will pay alimony. You can legally prevent paying alimony before you even decide to divorce.

Prove your spouse earns more than you

Before a court can grant an award of alimony, they must first determine specific factors. In Florida, the court will decide if there is a need for spousal support and whether the other spouse has the financial means to pay for it. If your spouse’s income exceeds or is comparable to yours, the court may not award them alimony.

Explain your marriage was short term

The family court in Florida will also consider the length of the marriage. If your marriage lasted seven years or less, that is a short-term marriage. You can argue that the time you spent married to each other was not long enough to have any significant impact on either of your lives. Therefore, both parties will be able to return to their standard of living prior to the marriage.

Communicate with your spouse

The easiest way to avoid paying alimony is to get an uncontested divorce wherein you and your spouse agree to all the terms. You can both control the outcome and decide that alimony is unnecessary. You may trade assets or leverage the primary residence to avoid paying alimony. The essential factor is that everything you own and earn after the divorce is all yours.

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