What to Think About Before You Waive Your Right to Alimony

Wednesday, June 20, 2018

Even under the most amicable circumstances divorce is never simple. When a couple is going through this complicated

Even under the most amicable circumstances divorce is never simple. When a couple is going through this complicated process there is always an issue regarding how each spouse will support themselves in the future. As the parties negotiate their respective positions, questions of alimony and its potential waiver are likely to be discussed. Here are some key points to consider before you waive your right to alimony:

Florida Alimony

In Florida, a court may grant alimony or maintenance to either party in a divorce.   There are five different types of alimony which include: (1) alimony used to bridge-the-gap, (2) rehabilitative, (3) durational, (4) permanent, or (5) any combination of these forms. The court can consider adultery as well as other circumstances in determining whether or not to award alimony to a spouse. In evaluating the case, the court will look at the party’s actual need for alimony or maintenance and the other party’s ability to pay. If the court determines there is a requirement for this support, it will then examine numerous other factors to decide the proper type and amount to be paid.

Factors to Consider

For someone going through a divorce, alimony can be an important part of creating a plan for a stable future. The ultimate goal of alimony is to place the person in need in a position where they can either provide for themselves or have the support they require going forward. Depending on your circumstances you may be at a financial disadvantage. For instance, it may be that your former spouse was the primary wage earner during the marriage. This could be because you remained home to raise children while your spouse progressed in their education and career. In this situation going from being married to divorced will most likely translate into significant changes to your lifestyle and ability to meet your needs. A form of temporary alimony can be of assistance while you work towards achieving stability and establishing the means to provide for yourself. It may also be the case that you have a severe and perpetual disability which necessitates permanent alimony. 

The reasons someone may require alimony vary, but the idea behind this remedy is to create equity between the parties. If you are a party who has a significant need for financial support following divorce, alimony could be essential to your ability to build your new life. Therefore, it is critical that you consult with an experienced family law attorney before waiving this important part of your divorce.

Determining a potential support obligation can be a challenging task. To understand alimony and how it may apply to your circumstances, you need the advice of an experienced family law attorney. Our office has experience that can help you as you plan for the future. To learn more, contact Draper Law Office today at (866) 767-4711 or online to schedule your free, no-obligation consultation in one of our Central Florida offices.


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