What Happens If You Can't Agree on Alimony? Here's What to Expect

Negotiation and Mediation: The First Line of Defense

Before a judge gets involved, divorcing spouses usually try to reach an agreement on their own. This can happen informally between the two of you or with the help of attorneys. If that doesn't work, mediation is often the next step. It's generally faster, cheaper, and less stressful than going to court. More importantly, it gives both spouses more control over the outcome, rather than leaving everything up to a judge. But mediation only works if both sides are open to compromise. If one spouse refuses to negotiate, then it's time to take the fight to court.

What Happens When a Judge Decides Alimony?

If you're going through a divorce in Florida alimony isn't automatically granted. The court will first decide if one spouse truly needs financial support and if the other can reasonably afford to pay. Short-term marriages are less likely to result in alimony awards, while long-term marriages have a higher chance of leading to long-term or even permanent support. Judges also consider future earning potential. If one spouse sacrificed their career for the marriage, they may receive rehabilitative alimony to help them get back on their feet. On the other hand, if both spouses earn similar incomes, a judge may decide that no alimony is necessary.

What If You Disagree with the Court's Decision?

Once a judge issues an alimony order, both spouses are legally required to follow it. However, if you strongly disagree with the ruling, there are a few options. You can request a reconsideration, though the chances of a judge reversing their own decision are slim. You can also file an appeal, but this requires proving that the court made a legal error.

In many cases, the best option is to wait and request a modification later. If circumstances change, you can ask the court to adjust or terminate alimony payments. However, modifying an alimony order requires evidence of a substantial change in financial circumstances. Avoiding court-ordered alimony payments is never acceptable and can result in contempt of court charges, which could result in jail time in extreme cases.

Finding a Path Forward

Alimony disputes can be emotionally and financially exhausting, but they don't have to drag on forever. If you're stuck in a deadlock, take a step back and evaluate your options. Negotiation and mediation can lead to a more amicable resolution, while court may be necessary if no agreement can be reached. For those facing a high-conflict divorce, working with an experienced attorney is crucial. They can help you understand your rights and ensure you're not agreeing to something that could harm you financially in the long run.