Going through a divorce is rarely simple, and one of the hardest parts can be figuring out alimony — the financial support one spouse pays to the other after a marriage ends. Sometimes couples make verbal agreements about alimony, thinking a spoken promise is enough to settle things. But in Florida, an unwritten alimony agreement is almost never legally enforceable on its own, and relying on one can put your financial future at serious risk.
Don't leave your financial security to chance — if you have questions about alimony or a verbal agreement made during your divorce, contact us now at (561) 677-2462 or fill out our online contact form to speak with a member of our team today.
What Is Alimony and Why Does It Matter in a Divorce?
Alimony, sometimes called spousal support, is money that one spouse pays to the other after a divorce. It is meant to help the lower-earning spouse keep a reasonable standard of living once the marriage ends. In a Florida divorce, a court can order alimony, or spouses can agree to it on their own through a written settlement.
How much alimony is paid, for how long, and under what conditions are all critical details. Getting those details right — and in writing — protects both people involved.
What Is a Verbal Alimony Agreement?
A verbal alimony agreement is a spoken promise between two spouses about financial support after a divorce. For example, one spouse might say, "I'll pay you $2,000 a month for three years," and the other agrees out loud — but nothing ever gets written down or signed.
These kinds of promises happen more often than you might think. During the emotional process of a divorce, people sometimes make or accept verbal commitments without realizing how difficult they can be to enforce later.
Can a Verbal Alimony Agreement Be Enforced in Florida?
In most cases, no. Florida law strongly favors written agreements when it comes to divorce and alimony. A verbal promise, no matter how sincerely it was made, is very difficult to hold up in a Florida court.
There are several reasons why verbal alimony agreements fall short legally. Without a signed, court-approved document, you may have very limited options if the other person walks away from the promise. Here are the most common problems people run into:
- No written record exists for a court to review or enforce.
- The two parties often remember the agreement differently — including the amount, duration, or any conditions attached.
- Verbal agreements are not submitted to a judge, so they are never made part of an official court order.
- Without a court order, there is no legal mechanism to force payment if the other party stops paying or refuses to start.
Without that paper trail, your ability to take legal action is severely limited. Even the most well-intentioned spoken promise carries no guaranteed legal weight in a Florida divorce case.
What Florida Law Says About Alimony Agreements
Florida law governs how alimony works during and after a divorce. Under Florida statutes, an alimony agreement generally must be in writing and signed by both parties to be enforceable. Ideally, it should also be reviewed by an attorney and submitted to the court as part of the final divorce judgment.
The most common written document covering alimony in a Florida divorce is called a Marital Settlement Agreement, or MSA. Once a judge approves the MSA and includes it in the final judgment, it becomes an official court order. Breaking a court order comes with real legal consequences — which is exactly what makes a properly written agreement so important.
Why People Rely on Verbal Promises — And Why That Is Risky
Many couples reach verbal alimony agreements because they trust each other, want to avoid extra paperwork, or are simply trying to move forward as quickly and amicably as possible. Those are understandable reasons. But trust and legal protection are not the same thing.
If the paying spouse later claims the agreement was different — or denies it entirely — you will likely have very little to stand on in court. Even a genuinely well-meaning promise can fall apart under the stress of post-divorce life. Protecting yourself legally does not mean you distrust your former spouse; it means you are being practical about your future.
What to Do If a Verbal Alimony Promise Was Broken
If your former spouse made a verbal promise to pay alimony and has since stopped — or never paid at all — your options may be limited. A court generally cannot enforce a verbal agreement the same way it enforces a signed order.
That said, there may still be steps you can take depending on your situation. An attorney can review your case and look for any written communications — such as texts, emails, or letters — that confirm the verbal agreement was made. In some cases, this kind of evidence can strengthen your position, even without a formal written contract. The sooner you speak with a family law attorney, the better your chances of exploring those options.
How to Protect Yourself With a Proper Alimony Agreement
The most effective way to protect your rights is to get everything in writing before your divorce is finalized. A well-drafted alimony agreement removes uncertainty and gives both parties a clear, legally enforceable understanding of their obligations.
Here is what a proper, enforceable alimony agreement should address:
- The exact amount to be paid and how often (weekly, monthly, etc.)
- How long alimony payments will continue
- What circumstances would end payments, such as remarriage or the death of either party
- Whether the amount can be changed in the future based on certain life events
- Any relevant tax considerations related to the payments
- Signatures from both parties and, ideally, notarization
A written agreement that has been reviewed by an attorney, signed by both spouses, and approved by a judge is the only way to give yourself true legal protection. It reduces the chance of future disputes and gives you a clear path forward if something goes wrong.
Questions About Alimony? Talk to a Palm Beach Gardens Divorce Attorney Today
Understanding your rights when it comes to alimony is one of the most important steps you can take during a divorce. A verbal promise may feel like enough in the moment, but it rarely provides the protection you need in the long run.
At John F. Schutz, P.L., we work with people going through difficult divorces every day, and we know how much is at stake when alimony is on the table. If you have questions about a verbal agreement, need help drafting a written settlement, or simply want to understand your options, we are here to help — no judgment, just clear guidance. Call us at (561) 677-2462 or reach us through our online contact form to schedule a confidential consultation with a Palm Beach Gardens divorce attorney.