alimony

What Is an Alimony Waiver?

Alimony is one of the central issues that need to be addressed during the divorce process. In Florida, alimony is calculated based on a variety of factors that can impact the financial needs of a spouse, such as the length of the marriage and the relative earning capacity of both spouses. Sometimes, a court will determine that there is no need for an alimony award. Should a court decide that alimony should be awarded in a particular case, it may award alimony that will suit the recipient’s needs as well as be a manageable payment for the payor spouse. Rehabilitative, bridge-the-gap, durational, or permanent alimony are all different alimony types that may be awarded. Alimony can be an extremely contentious issue in a divorce and, for a variety of reasons, a person may wish to waive any right he or she may have to alimony. Is this possible?

What Is an Alimony Waiver?

The alimony analysis in divorce proceedings can be stressful and emotional. The court will need to determine if alimony is appropriate. If alimony is appropriate, the court will need to determine what type of alimony to award, the amount of alimony to award, and the duration of the alimony to award. The court will do so based on a number of factors including:

  • The length of the marriage
  • The income and assets of each spouse
  • The employability of each spouse
  • The level of education of each spouse
  • The work experience of each spouse
  • The standard of living enjoyed during the marriage
  • The relative age and health of each spouse
  • The financial and non-financial contributions of each spouse during the marriage

If you are going through a divorce or planning to divorce in the new future, you may have considered the alimony issue. Sometimes, a spouse may have a stable source of income and be ready to cut all ties with a spouse. For whatever reason, you may not want to receive alimony. If this is the case, Florida does permit the waiver of the right to receive alimony. This can be done in either a prenuptial agreement or a divorce settlement agreement.

You should know, however, that you are not permitted to waive your right to temporary alimony nor are you able to waive your right to have your spouse cover your lawyer fees while the divorce is pending. This is due to the fact that courts recognize the financial impact divorce and going through a divorce can have on a person, even when that person cannot see the struggle themselves.

Before you waive your right to receive alimony, however, consider the purpose of alimony. Alimony is intended to help stabilize the financial position of a spouse that may have made notable career sacrifices in order to address other household needs. Finding financial footing after you have built your financial needs around your marriage and a two-person household can be extremely difficult. 

Florida Family Law Attorneys

The issues addressed during divorce proceedings can have long-lasting and severe impacts on your financial well-being. Do not waive alimony or make other major financial decisions in a divorce without first reviewing your options and discussing them with a trusted divorce attorney. The dedicated family law team at Orlando Family Team is here to protect your best interests before a divorce, during a divorce, and beyond. Contact us today.