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.

How to Qualify for the Different Types of Alimony in Florida

Temporary alimony is granted when either spouse needs support during the cause of a protracted divorce. The spouse requesting spousal support should demonstrate a need and show the court that the other party has the wherewithal. Temporary support helps the spouse earning a lower income to remain stable during a lengthy divorce. It gets terminated after the union gets dissolved. Bridge-the-gap alimony is only popular in Florida. It helps the benefiting spouse to meet their intermediate needs as they transition to singlehood. For instance, they can pay bills and settle living expenses as they wait for an asset to sell or as they try to get full-time employment. There is a time limit for bridge-the-gap support. The spousal support gets terminated if the beneficiary remarries or when the spouse making the payment dies. Rehabilitative alimony is quite popular in Florida.

Rehabilitative support gets awarded if the benefiting spouse could become self-sustaining given financial help and time to acquire an education, work experience, training, or redevelop the skills needed to enter the job market. Spouses have to create a well-defined and specific rehabilitative plan for court review before rehabilitative support gets granted. Durational and rehabilitative supports are similar in that the court sets time limits for both. A rehabilitative plan is not needed for durational support. Durational support is provided if one spouse needs financial assistance for a set time after getting divorced. It gets awarded to spouses who don’t meet the requirements for permanent support. The support provided should not exceed the duration of the union.

Permanent support is a rare type of divorce in Florida alimony. It is reserved for spouses who cannot become financially stable in the future. It is often appropriate for aged and disabled spouses, or parents taking care of special needs kids. The court considers several factors before awarding permanent support. Alimony is not reserved for women. Anyone can request spousal support if they can demonstrate that they need financial assistance and that the other spouse has the means to pay. Several factors influence alimony, including living standard, marriage duration, the health of the spouse, and financial resources.

The Circumstances Under Which Every Type of Alimony Gets Awarded

There are five categories of alimony in Florida. They are permanent, temporary, rehabilitative, durational, and bridge-the-gap alimony. Temporary support gets awarded if a spouse needs financial assistance during divorce proceedings. The party requesting temporary support should demonstrate to the court that they have a need and that the other party has the wherewithal. Spouses who earn a lower income can request this alimony during a protracted divorce process. Temporary support gets terminated after the marriage gets dissolved. Bridge-the-gap alimony is rare in other states. The receiving spouse can meet their immediate needs as they transition to singlehood. For instance, they can pay bills and living expenses as they wait to get a full-time job or for an asset to get sold. The support should not exceed a specified duration of time. Bridge-the-gap alimony gets terminated if the receiving spouse remarries or the spouse making the payment dies.

Rehabilitative alimony is popular in Florida. It gets awarded if the receiving spouse can become self-sufficient given financial assistance and time to acquire an education, work experience, training, or redevelop skills to enter the workforce. Spouses should create a defined and specific rehabilitative plan before rehabilitative alimony gets awarded by the court. Durational and rehabilitative alimonies are similar. Both have a time limit. A rehabilitative plan is not required under durational support. The support is suitable for a spouse who needs some financial assistance for a while but does not meet the conditions for permanent alimony. Durational support should not exceed the duration of the marriage.

Permanent support is rare. The spousal support gets awarded in instances where spouses cannot become self-sufficient. Permanent support is appropriate for spouses taking care of special needs children or those who are disabled or aged. The court considers the duration of marriage before the final award of divorce in Florida alimony gets decided.