What Can Stop Alimony Payments In Florida?
If you’ve been awarded alimony during your Florida divorce, then you should know that these payments will not last forever. Further, they can be terminated at any time so long as the paying spouse petitions the court to stop the alimony payments. The question then becomes: will the courts grant their request? That depends on the nature of their request and the circumstances of both spouses after the divorce. In this article, the Orlando divorce lawyers at Greater Orlando Family Law will discuss alimony payments and how they can be stopped after you begin receiving payments in Florida.
Remarriage and cohabitation
When a spouse who is the recipient of alimony remarries, alimony payments to that spouse immediately stop. The payer of alimony does not have to go through the courts to get payments stopped. Instead, they can just stop paying alimony to the other party.
Remarriage is a common trigger for stopping alimony payments. But what if you move in with a new partner with whom you’re not married? In that case, the payer of alimony would have to petition the courts and prove that you have a “supportive relationship” with your new partner. That can be established by proving that you have a shared bank account, pool your funds to make rent and bills, or supplement your income with your partner’s income. In other words, the new spouse would have to prove financial interdependence to get the alimony payments stopped.
The general sense of this rule is that the recipient spouse no longer needs alimony if they are being supported by a new partner. But the payer of alimony has the burden of proving that the relationship is a supportive one unless the spouse remarries. This can be difficult to establish, so if you are paying alimony, and your former spouse is now cohabitating with a new partner, you will need a lawyer to prove that the relationship is a “supportive” one.
A significant change in financial circumstances
Alimony payments can also be stopped if either party experiences a substantial change in their financial circumstances. As an example, if the paying spouse reports a substantial loss of income, the court could consider this a “substantial change in circumstances” for the purpose of reducing or eliminating alimony payments. However, the change in circumstances must be unanticipated and involuntary to prevent a spouse from intentionally depleting their own estate to fabricate circumstances under which they don’t have to pay.
In addition, if the recipient of alimony experiences a windfall of money, the paying spouse can petition the court to reduce or eliminate their alimony payments.
Talk to an Orlando Family Lawyer Today
The Orlando divorce lawyers at Greater Orlando Family Law represent the interests of those who are going through divorce or need to file post-divorce petitions related to a divorce agreement. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.
