When Can the Right to Alimony Be Waived?

One of the biggest issues in a Florida divorce is often the question of alimony. However, did you know that a person can waive their right to spousal support? A person can waive their right to spousal support in certain situations, but whether you should incorporate this waiver can be a more complicated question to answer. For more information about waiving alimony rights, call or contact the law office of Blair H. Chan, III in Tampa Bay today.

When Can a Person Waive Alimony?

In Florida, a person can waive their right to alimony in prenuptial agreements, separation contracts, and divorce decrees. This means that a person can waive their right to spousal support either before or after a marriage. A spouse may choose to waive their right to alimony for a number of reasons. That person may make enough money in their career that they have no need for alimony. The relationship may end in such a toxic manner that the spouse that would receive payments does not want support from their former spouse. Some spouses feel that receiving alimony is embarrassing or goes against their personal belief systems of being self-sufficient. Whatever the reason may be, an individual has the right at certain points to waive spousal support.

It is important to note that there is some support that cannot be waived by contract in a Florida marriage. A spouse cannot waive their right to temporary alimony while the divorce process is ongoing, even if they waived their right to spousal support once the divorce is finalized. An individual also cannot waive their right to have their spouse cover their attorneys’ fees while the divorce is pending. This is to avoid issues of one spouse not having proper legal counsel during the divorce.

Considerations Before Waiving Alimony

Before you waive your right to alimony in a Florida divorce, there are some considerations to make. First, the purpose of alimony is to help the lesser earning spouse become financial self-sufficient after a marriage ends and to make up for any economic losses incurred by that spouse during the marriage. Even if you believe that you can be financially independent in a short period of time, alimony can still make up for reentering the workforce at a lower level than your peers or, because of how long you remained out of the workforce, limiting how much you can accomplish in your career. This in turn means loss of salary and benefits compared to staying in the workforce during the course of your marriage, and spousal support can help make up for some of that loss.

Call or Contact the Office Now

Making the decision to waive alimony in a Florida divorce is a complicated question that is determined by the specific facts of your circumstances. To speak with a Tampa divorce attorney, call the office or contact us today at the law office of Blair H. Chan, III in Tampa to schedule an initial consultation of your case.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

https://www.bchanlaw.com/alimony-changes-could-be-coming-for-florida-divorce-cases-in-2020/