Beware of Non-Modifiable Alimony Agreements
Can My Spouse Spend the Alimony on Anything They Want?
Florida is known as a state to have a wide range of options and relatively progressive approach to divorce laws. However, one distinct element in Florida divorce laws is known as a non-modifiable alimony agreement. Non-modifiable alimony is just that—non-modifiable. This means that regardless of what your income is, what happens to you in the future, what your spouse chooses to spend it on or how much your spouse makes in a future job, the alimony will never change or be stopped. Non-modifiable alimony agreements are permanent and valid until one of the spouses dies.
Recently, this has brought to light a specific problem with non-modifiable alimony—among other things. With such an agreement, the receiving spouse has the liberty to spend the money he or she receives from non-modifiable alimony on anything they choose, including:
Non-modifiable alimony does not come with defined standards of spending. Therefore, once the money has been paid, the receiving spouse is free to spend on whatever they want to.
How Do I Avoid Non-Modifiable Alimony Agreements?
The answer is simple: consult an attorney before you enter into a non-modifiable alimony agreement. Non-modifiable alimony cannot be ordered by the court, it must be entered into by mutual agreement by the two spouses. This means you have the power to refuse a settlement for non-modifiable alimony in the course of your divorce proceedings.
Consult a Tampa Alimony Lawyer for Specific Guidance
Florida legislature has been seeking to limit alimony laws for a few years now. Until they succeed in finding a favorable and fair solution for everyone, Attorney Catherine W. Real, P.A. is here to help you make the right choices for your family and for your future. To learn more about the different types of alimony available, or for help in understanding your rights during an alimony hearing, contact our firm and schedule a consultation with our family law and divorce attorney in Tampa.