What are Grounds to Terminate Alimony in Florida?

Spousal support, more commonly known as alimony, is a contentious issue in many divorce cases. In Florida, there are many factors that can result in a termination or modification of alimony payments. Knowing what those factors are can greatly help you understand what your financial future may look like in the years following your divorce. Below, our Tampa modification attorney outlines when you may be able to terminate alimony.

Duration of the Order 

Recently, Florida made important changes to the alimony law in the state, eliminating the possibility of anyone receiving permanent alimony in divorce cases. Instead, alimony is now set for a specific duration.

Rehabilitative alimony lasts only as long as needed for the recipient to gain the education or skills they need to become self-sufficient. Bridge-the-gap alimony cannot extend beyond two years, as it is only intended to help with short-term needs. Another common form of alimony is durational alimony, which is set for a specific period of time, which factors in the length of the marriage.

Regardless of the type of alimony, payments can be terminated once the specific duration ends.

Recipient Remarriage 

One of the most common reasons alimony is terminated in Florida is the remarriage of the recipient. After a person remarries, it is presumed that their new spouse can provide financial support and contribute to the household. When a recipient of alimony remarries, alimony is automatically terminated without the need to go to court.

Cohabitation 

When a recipient of alimony cohabitates with a new romantic partner, it can be grounds to terminate support. This does not occur automatically as it does with remarriage, though. You must show supporting evidence that indicates the new partner is not related to the recipient and is providing them with financial support. It is important to thoroughly document the new relationship. A number of factors are considered when determining whether cohabitation can terminate alimony payments, such as if the new couple lives and acts like a married couple.

The Paying Spouse’s Retirement

 During retirement, people typically do not have the same high income they did when they were in the workforce. This reduced income can prove a significant change in circumstances that can provide grounds for terminating alimony. It is important to note that early retirement may not terminate alimony payments, particularly if the court believes it is an effort to avoid payments. The court will take a number of factors into consideration in these situations, including the health, age, and financial circumstances of the paying spouse.

Our Modification Attorney in Tampa Can Prove Your Case 

When petitioning the court to modify or terminate alimony payments, you will have to prove there has been a substantial change of circumstances. At All Family Law Group, P.A., our Tampa modification attorney can advise on the evidence that will support your case and prove there has been a change so you obtain the most favorable outcome. Call us now at 813-672-1900 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html