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
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
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.
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 divorce attorney in Tampa.