Collaborative divorce tends to be less acrimonious than resolving a divorce in court or in traditional negotiation, but that doesn’t mean the collaborative process avoids difficult issues. One of the most hotly contested issues in many divorces — collaborative divorces included — is alimony.
To review, Florida law allows family judges to award several different types of alimony that each address different situations. Alimony, which may also be referred to as spousal maintenance or spousal support in some circles, are court-ordered payments that a person must make to their ex-spouse, usually for a set period.
While whether to award alimony and on what terms and conditions will depend a lot on a family’s individual circumstances, there are some general principles in Florida that courts must follow.
At a very high level, alimony depends on the financial need of the person asking for it and the ability of the other spouse to pay.
To give a couple of examples, a court may order little or no alimony when a couple where each spouse earns six figures are divorcing after 7 years.
On the other hand, the spouse of a well-paid doctor who has been married for 30 years and who quit their income-producing job to be a homemaker raising 5 children has a stronger case for alimony.
In actual cases, judges consider many more factors when determining alimony.
Couples have some leeway to negotiate their alimony for themselves
Couples in the Fort Myers area who choose collaborative law will exchange their income, financial and other key information freely and work together with their attorneys to resolve any outstanding divorce issues, including issues related to alimony.
In this respect, couples can include the different types of alimony payments as part of their agreed settlement of their issues. On the other hand, as part of negotiation, one spouse might be willing to agree not to pursue alimony even if they have a good argument for it.
When negotiating, it will be important for a person to understand their rights and obligations with respect to alimony.
