How to Avoid Alimony in Florida

Alimony, or sometimes called spousal support, is often a big piece of Florida divorce cases. Florida law does not automatically grant alimony; a court will award it only if one spouse has a demonstrated need and the other has the ability to pay. If you’re someone looking legally avoid or minimize alimony obligations, proactive planning and smart legal strategies are a must.

Types of Alimony in Florida

Bridge-the-Gap Alimony: A short-term support intended to “bridge the gap” between married and single life. Bridge-the-gap alimony terminates upon the death of either party or remarriage of the recipient, and it is non-modifiable by statute 61.08.

Rehabilitative Alimony: Support designed to help a spouse become self-supporting through education or training. If you can demonstrate that your spouse is already self-sufficient or that no reasonable rehabilitative plan is needed, you may avoid this type of alimony.

Durational Alimony: This provides support for a set period following a short or moderate-term marriage. To minimize durational alimony, limited to marriages over 3 years, a strategy is to emphasize factors like the marriage’s short length or the recipient’s ability to work. In fact, Florida courts have generally denied alimony in very short marriages.

Permanent Alimony: Traditionally, permanent alimony provided ongoing support until the remarriage or death of the recipient (or death of the payor). It was typically reserved for long-term marriages or when a spouse couldn’t become self-supporting. However, as of July 1, 2023, Florida law has eliminated permanent lifetime alimony for new divorces, retaining only the above forms for future cases.

It’s important to note that before awarding any alimony, the court must make specific findings that the requesting spouse has a need for support and that the other spouse has the ability to pay​. If either of those elements is not proven, no alimony will be awarded.

Pre-Marriage Strategies

One of the most powerful tools to avoid alimony is before the marriage even begins: the prenuptial agreement. Under Florida’s Uniform Premarital Agreement Act, couples can predetermine their rights and obligations in a divorce, including the issue of alimony.

To maximize the enforceability of a prenuptial agreement waiving alimony, both parties should disclose their finances fully and consider having independent legal counsel. Courts will uphold clear and conscionable alimony waivers. For example, the Florida Supreme Court in Hahamovitch v. Hahamovitch unanimously upheld a broad prenuptial waiver in which each spouse waived “all claims…as a result of the marriage, e.g., alimony,” thereby preventing the wife from later seeking alimony

Aside from prenups, encourage financial independence of both spouses from the outset. If both you and your future spouse are gainfully employed and self-sufficient, the likelihood of an alimony award diminishes greatly. Alimony is generally intended to support a spouse who lacks the ability to maintain the marital standard of living post-divorce.

Couples who enter marriage on relatively equal financial footing (or where the lower-earning spouse has ample assets or earning potential) are effectively setting themselves up such that neither would need alimony in a divorce. In practice, helping your partner advance their education or career prior to any marital troubles can later be a deterrent to alimony because it bolsters their capacity for self-support.

Finally, consider a postnuptial agreement if you missed the chance to do a prenup. Postnuptial agreements (signed after marriage) can also waive or set limits on alimony, though they require the same careful execution and fairness review as prenups. The earlier you plan, the better, but even if you’re already married, it’s not too late to contractually curtail alimony exposure, provided your spouse is willing to agree.

During Marriage Strategies

The overarching goal is to avoid creating a situation where your spouse becomes financially dependent on you to a degree that courts feel compelled to order support. Here are some approaches:

Avoid One-Sided Financial Dependence: If only one spouse earns income while the other stays home without developing any employable skills, the non-earning spouse is likely to be viewed as dependent in a divorce. To avoid this, couples can strive for a balance of financial power.

Thoughtful Asset Structuring: How you manage your finances during marriage can influence alimony. Courts look at each party’s resources when deciding support. If most assets are jointly titled or if the higher-earning spouse has placed assets in the lower-earning spouse’s name, the lower-earning spouse may leave the marriage with resources that reduce or eliminate any need for alimony. While you should never hide assets or intentionally depress your income (courts can see through and punish such tactics by imputing income to you​), you can legitimately make financial decisions that limit the cash flow available for alimony.

Marital Misconduct and Waste: Florida is a no-fault divorce state, but financial misconduct can factor into alimony outcomes. Under Fla. Stat. § 61.08, wasteful spending or misuse of marital funds, especially related to infidelity, can influence alimony decisions. For example, if your spouse excessively spends marital funds irresponsibly, documenting this can reduce their alimony eligibility.

Divorce Strategies to Reduce Alimony

Negotiate a Lump-Sum Buyout: Offering a single payment or increased assets upfront can replace ongoing alimony. This approach provides certainty for both parties, avoiding future disputes. Ensure the agreement clearly states alimony is waived permanently and have it included in your final judgment for enforceability.

Highlight Spouse’s Earning Capacity: Demonstrate your spouse’s ability to financially support themselves. Provide evidence of their education, job history, or marketable skills. Florida law specifically considers these factors (Florida Statute §61.08), so highlighting recent employment or certifications can substantially reduce potential alimony.

Use Mediation Strategically: Out-of-court mediation provides flexibility. Offering to assume specific debts or cover certain expenses can replace ongoing alimony payments. Many spouses prefer upfront or definite financial support over uncertain monthly alimony, allowing you to eliminate ongoing obligations.

Demonstrate Financial Misconduct (if applicable): If your spouse’s actions negatively impacted marital finances, Florida courts can factor this into property division and alimony decisions. Document and present evidence of wasteful spending or marital misconduct to potentially reduce their alimony entitlement.

Post-Divorce Modifications

If you’re already obligated to pay alimony in Florida, it’s possible to modify or terminate those payments if your circumstances have significantly changed. To secure such modifications, you must demonstrate substantial, involuntary, and lasting changes in your financial situation. Understanding the legal criteria clearly is crucial to successfully adjusting your alimony obligations.

Florida Statute §61.14 specifically allows modification or termination of alimony when your former spouse enters a new financially supportive relationship or remarries. Successfully arguing this point requires clear evidence of shared expenses, joint residence, or financial interdependence between your ex-spouse and their new partner. In Murphy v. Murphy, 201 So. 3d 18 (Fla. 3d DCA 2013), the court terminated alimony after clear proof was presented that the receiving spouse was living in a financially supportive relationship resembling a marriage, even though the couple hadn’t formally remarried.

Another strong basis for modification under Florida law involves your reasonable retirement. Recent amendments to Florida Statute §61.14(12) recognize reaching standard retirement age as a valid reason to revisit alimony obligations. Courts typically evaluate factors like age, employment history, health, the legitimacy of retirement decisions, and the potential financial impact on the receiving spouse. To strengthen your position, carefully document your plans, financial circumstances, and reasons for retirement. Courts commonly grant reductions or termination if they find retirement genuinely reasonable and age-appropriate.

Involuntary job loss or a significant reduction in income is another common reason Florida courts will grant an alimony modification. However, the reduction must be substantial, lasting, and beyond your control—for instance, layoffs, company closures, or industry-wide downturns. Florida courts have consistently favored modifications when supported by detailed evidence of involuntary income loss. In Ketcher v. Ketcher, 198 So. 3d 1061 (Fla. 1st DCA 2016), alimony was reduced after the paying spouse provided thorough documentation showing his income loss was permanent and involuntary. Therefore, maintaining detailed employment termination notices, ongoing job search records, and comprehensive financial disclosures is crucial to your modification request.

Serious health issues or disability that affect your earning ability are also valid grounds to petition for reduced or terminated alimony payments. Florida law recognizes medical impairments as a legitimate reason to alter alimony agreements, provided you can present strong medical evidence and corresponding financial impact documentation. The Florida Supreme Court case Pimm v. Pimm, 601 So. 2d 534 (Fla. 1992), illustrates this clearly. The court held that substantial health-related impairments justified modifications to existing alimony obligations, underscoring the necessity of detailed medical reports, evidence of decreased income, and documentation of disability benefits when petitioning for relief.

Next Steps

Each of these examples shows a different pathway to avoiding or cutting down alimony – whether through an upfront contract, demonstrating lack of need due to a new relationship, or simply the context of a short marriage. They provide a real-world backbone to the strategies discussed in this article. Keep in mind that outcomes depend on the specific facts of your case, but Florida jurisprudence gives plenty of support for those looking to lawfully minimize alimony.