Alimony Negotiation in Boca Raton: What to Settle and What to Prepare

Alimony can be settled by agreement instead of decided by a judge, and an alimony negotiation lawyer in Boca Raton can help you weigh a proposal against what Florida law says a court may award. This guide explains how a negotiated alimony agreement fits into a Florida divorce, which terms the two sides need to decide, and what to gather before you meet with a Boca Raton divorce attorney.

Quick Summary:

• Florida law recognizes an agreement "for payments for, or instead of, support, maintenance, or alimony" made in connection with a divorce (§ 61.14(1)(a)).
• If the sides do not agree, a judge decides after finding that one spouse has an actual need and the other has the ability to pay (§ 61.08(2)(a)).
• An alimony agreement has several parts to settle: the form, the amount, the length, periodic or lump-sum payment, how payments are made, security, and what ends or changes the payments.
• Florida law lets either party ask a circuit court to increase or decrease payments set by agreement when circumstances or financial ability change, but how that applies depends on the agreement's wording (§ 61.14(1)(a)).
• A court may refer all or part of a filed civil action to mediation (§ 44.102(2)(b)).

On this page

• How does alimony negotiation work in Florida?
• What does a court look at, and why does it matter in a negotiation?
• Which terms does an alimony agreement need to settle?
• Do Florida's alimony limits apply to a settlement?
• Can an alimony agreement be changed later?
• Can a court send alimony talks to mediation?
• What should you prepare before you meet with a lawyer?
• Frequently asked questions about negotiating alimony in Florida
• Talk With Us About Your Alimony Questions
• Cited Sources

How does alimony negotiation work in Florida?

The two sides, often through their lawyers, share financial information, trade proposals and try to agree on the alimony terms instead of asking a judge to decide them. Florida's modification statute speaks directly to this: it covers "an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement" (§ 61.14(1)(a)).

If the sides cannot agree, the judge decides alimony under section 61.08 and must make written findings supporting the award or the denial (§ 61.08(1)(b), (2)(b)). Our guide to what a marital settlement agreement is explains the document that can hold all of a divorce's agreed terms. This post stays on the alimony piece.

What does a court look at, and why does it matter in a negotiation?

It matters because the statute shows what has to be true before a court orders alimony at all, and a proposal reads differently once you know that. Under section 61.08(2)(a), the court first decides whether the spouse asking for alimony has an actual need for it and whether the other spouse has the ability to pay. The spouse asking for alimony has the burden of proving both.

If the court finds need and ability to pay, it considers the factors in section 61.08(3), which include:

• The duration of the marriage.
• The standard of living established during the marriage and each party's anticipated needs after the final judgment.
• Each party's age and physical, mental and emotional condition.
• Each party's resources and income, including income from marital and nonmarital assets.
• Each party's earning capacity, education, vocational skills and employability.
• Each party's contribution to the marriage, including homemaking, child care, education and career building of the other.
• The responsibilities each party will have for minor children the parties have in common.
• Any other factor necessary for equity and justice between the parties.

The statute also says a court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any (§ 61.08(1)(a)). Each of these topics is something a lawyer can help you document before you sit down to negotiate.

Our guide to how Florida's 2023 alimony law works walks through the forms of alimony and the time limits in more detail.

Which terms does an alimony agreement need to settle?

An agreement needs to answer more than "how much." The topics below come from the statutes that govern court awards, and each one is a point where the two sides can end up far apart:

• Form of alimony. The statute lists temporary, bridge-the-gap, rehabilitative and durational alimony (§ 61.08(1)(a)), and each form has its own limits.
• Amount. What each side believes the need and the ability to pay are, using the factors above.
• Length. For durational alimony, the statute ties the maximum length to the length of the marriage (§ 61.08(5), (8)(b)).
• Periodic or lump sum. A court may order periodic or lump-sum payments (§ 61.08(1)(a)).
• How payments are made. For orders entered on or after January 1, 1985, the court directs payments through the depository unless an exception applies, including when there is no minor child (§ 61.08(10)).
• Security. A court may, with specific findings of special circumstances, order the payor to buy or keep a life insurance policy or a bond, or secure the alimony with other assets (§ 61.08(4)). Our guide to life insurance to secure alimony and child support covers this in more detail.
• What ends or changes the payments. Bridge-the-gap and durational alimony terminate on the death of either party or the remarriage of the recipient (§ 61.08(6), (8)(a)). Florida law also lets a court reduce or terminate alimony because of a supportive relationship or a reasonable retirement (§ 61.14(1)(b), (c)).

A lawyer who has read your facts can tell you how each topic applies to you and what language protects you. This guide cannot do that.

Do Florida's alimony limits apply to a settlement?

The statute states limits on what a court may award, and whether an agreement can depart from them depends on its wording and your facts, so ask a lawyer before you accept or propose a number. The limits are useful reference points when you weigh an offer.

For durational alimony, the statute sets an amount equal to the recipient's reasonable need or an amount not to exceed 35 percent of the difference between the parties' net incomes, whichever is less (§ 61.08(8)(c)). It also says an award may not leave the payor with significantly less net income than the recipient's unless there are written findings of exceptional circumstances (§ 61.08(9)). The 2023 version of section 61.08 applies to initial petitions for dissolution of marriage or support unconnected with dissolution pending or filed on or after July 1, 2023 (§ 61.08(11)).

None of this tells you what your own agreement should say. It tells you what the court's framework looks like.

Can an alimony agreement be changed later?

Florida law lets either party ask a circuit court to increase or decrease payments set by agreement when circumstances or financial ability change, but how that applies to your agreement depends on its terms. Section 61.14(1)(a) covers a change in "the circumstances or the financial ability of either party" after the agreement is signed and lets the court decrease, increase or confirm the amount "as equity requires." The court may make a modification retroactive to the date the modification action was filed (§ 61.14(1)(a)).

For court awards, the statute makes bridge-the-gap alimony not modifiable in amount or duration, allows the amount of durational alimony to be modified on a substantial change in circumstances, and allows the length of durational alimony to be modified only under exceptional circumstances (§ 61.08(6), (8)(a)). Because an agreement is written by the two sides, a lawyer should read its exact wording before anyone relies on a particular outcome.

Our guide to modifying spousal support in Florida and our modifications practice page cover changing alimony after the fact.

Can a court send alimony talks to mediation?

Yes, a court may refer all or part of a filed civil action to mediation. Florida's court-ordered mediation statute says a court "may refer to mediation all or any part of a filed civil action" for which mediation is not otherwise required (§ 44.102(2)(b)). In mediation, a neutral person helps the two sides try to reach an agreement. Whether your case would be referred, and how mediation would work in your case, depends on the court and the facts.

You do not have to wait for a referral to talk. Lawyers for the two sides can exchange proposals at any point.

What should you prepare before you meet with a lawyer?

Bring the documents that show income, spending, assets and the history of the marriage. The alimony statute turns on need, ability to pay and the section 61.08(3) factors, so records that show those things are the most useful. A short list helps:

• The date of the marriage and, if a divorce is filed, the filing date.
• Pay records, business income records and other proof of income for both spouses, as far as you have them.
• A list of your monthly expenses, so that your own need can be described accurately.
• A list of assets, accounts and income from assets, including nonmarital assets you own.
• Each spouse's education, training, work history and any limits on working, including health conditions.
• Your responsibilities for any minor children you share.
• Any prenuptial or postnuptial agreement.
• Any proposal or draft agreement the other side has sent.
• Your own questions and priorities, such as how long you may need support or how soon you want the divorce finished.

You do not need every item on day one. Ask a tax professional how any payment structure is treated for taxes, because this guide does not address taxes.

Frequently asked questions about negotiating alimony in Florida

Can we agree on alimony instead of letting a judge decide?

Can alimony be paid as a lump sum?

Does adultery affect alimony in Florida?

Can alimony be secured with life insurance?

Can Yaffa Family Law Group help me negotiate alimony?

Talk With Us About Your Alimony Questions

If you are negotiating alimony or deciding how to respond to a proposal, schedule a confidential consultation with Yaffa Family Law Group. Our alimony practice serves families in Boca Raton, Delray Beach and Palm Beach County.

Disclaimer (general information): This article provides general information about Florida family law and is not legal advice. Reading it does not create an attorney-client relationship. How alimony applies to your situation, and whether an agreement can depart from the statute, depend on your facts and the exact wording of any agreement, and the law can change. Consult a Florida family law attorney about your situation.

Cited Sources

• Florida Statute § 61.08, Alimony
• Florida Statute § 61.14, Enforcement and modification of support, maintenance, or alimony agreements or orders
• Florida Statute § 44.102, Court-ordered mediation