When considering marriage in Florida, understanding the interplay of prenups and alimony in Florida is crucial. A prenuptial agreement, or prenup, outlines terms for a marriage, including how alimony, or spousal support, is handled in the event of a divorce.
So, can a prenup protect me from alimony?
What is alimony?
Alimony, often referred to as spousal support, is a legal obligation for one spouse to provide financial support to the other during or after a marital separation or divorce. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. This is particularly common in situations where one spouse may have chosen to forego a career to support the family and needs time to develop job skills to support themselves after the divorce.
Courts typically decide the terms and conditions of alimony payments, considering factors like amount and duration.These factors can include the length of the marriage, the standard of living during the marriage, the age and health of both spouses, and their respective incomes and assets. In some cases, couples can agree on alimony payments through a prenuptial agreement or a mutual settlement during divorce proceedings.
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Alimony in Florida:
In Florida, Florida Statute §61.08 governs alimony. This statute defines alimony and outlines the factors that the court must consider when determining whether to award alimony, the type of alimony, the amount, and the duration of the payments.
Florida Statute §61.08 covers various alimony types, such as bridge-the-gap, rehabilitative, or durational. It specifies the circumstances for each type’s award. The decision to grant alimony and the details of the arrangement are based on factors such as the standard of living established during the marriage, the duration of the marriage, the financial resources of each party, the earning capacities of the parties, and the contributions of each party to the marriage, among others.
This statute plays a crucial role in Florida’s family law. Courts use it to make fair alimony decisions, considering each divorce case’s unique circumstances.
Can you waive your right to alimony through a prenup?
In Florida, prenups can indeed address alimony. Under Florida Statute §61.079, couples may choose to waive or limit spousal support. This means you can agree, before marriage, not to pay alimony in the event of a divorce.
However, a Judge has discretion in requiring a party to pay spousal support even if the parties’ prenup provides a provision eliminating spousal support. For example, if a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to be eligible for support under a program of public assistance at the time of separation may require the other party to provide alimony to the extent necessary to avoid that eligibility.
Can a prenup waive temporary support?
A spouse receives temporary support during a divorce to maintain their standard of living. This support ensures financial stability but only lasts for the divorce duration.
It’s important to note that in Florida, prenups can’t waive temporary alimony or legal fees during divorce proceedings. Different legal standards govern these, setting them apart from long-term spousal support.
Conclusion
Although Florida Statute §61.079 allows parties to waive/eliminate alimony, the Court will still have the power to have one spouse pay support to the other.
Prenuptial agreements require careful drafting and require an understanding of the law in order to ensure its validity. We urge you to consult a skilled attorney to understand your rights and prenup inclusions and exclusions.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!
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