When Will I Stop Paying Alimony In Florida?
Alimony, known as spousal support in Florida, is often a contentious issue during a Florida divorce. As the payer of alimony, you may wonder when you will have to stop paying. While Florida recently did away with permanent alimony, there are still individuals in Florida who are paying alimony on a permanent basis. There are a number of factors that can stop alimony payments under the law. In this article, the Orlando divorce lawyers at Greater Orlando Family Law will discuss what can stop alimony payments under Florida law.
The recipient remarries
One of the more common reasons for terminating alimony payments is the remarriage of the recipient. If the recipient remarries, the payer of alimony is no longer obligated to pay under our state’s rules. The paying spouse can petition the court to stop the alimony payments.
The recipient enters into a “supportive relationship” with another person
Harder to prove, but along the same lines as remarriage. If the recipient of alimony enters into a “supportive relationship” with another individual while cohabitating with them, then you can petition the court to end alimony. Note that you cannot simply prove that the recipient is living with someone else. Florida requires you to establish that a “supportive relationship” exists. That means establishing that the recipient of alimony and their partner are commingling funds, pooling their resources, or otherwise together in a supportive relationship.
The paying spouse retires
If the paying spouse retires it can impact their alimony payments. Retirees typically make less money than those who are not retired, which may justify the reduction or termination of alimony. The court will consider the circumstances of the retirement, including the spouse’s age, health, and financial situation. Early retirement may not automatically lead to a reduction or termination of alimony, especially if it looks like the spouse is retiring early just to avoid making alimony payments.
Significant changes to financial circumstances
You can petition the court for a reduction or modification of alimony payments if you have seen a major decrease in your income at some point while making alimony payments. But a substantial change in either spouse’s financial position can impact alimony payments. This can include job loss, salary reduction, or an unexpected financial windfall. The change must be involuntary and unanticipated. It must also be substantial enough to warrant the need to change the current agreement. Either party may petition the court to modify alimony based on a significant change to their economic position.
Either spouse dies
This is pretty self-explanatory, but alimony payments do not survive the death of either spouse. If the paying spouse dies, that terminates support. If the receiving spouse dies, that terminates support. You don’t have to pay alimony to the estate of a deceased individual.
Talk to an Orlando Family Law Attorney Today
Greater Orlando Family Law represents the interests of Orlando residents who are pursuing a divorce in the State of Florida. Call our Orlando divorce lawyers today to schedule an appointment, and we can begin discussing key areas of your divorce such as equitable distribution, alimony, child custody, and child support.
