What are the Grounds for Terminating Alimony in Florida?
Alimony, or spousal support, is a periodic payment made by one spouse to the other. The purpose of alimony is to help the spouse maintain their standard of living after the divorce has been finalized or during the divorce process. If you are the payer of alimony and concerned that it’s impacting your finances, you probably want to know more about Florida law and how you can stop the alimony payments. In this article, the Tampa divorce lawyers at Westchase Law, P.A. will discuss the grounds for terminating alimony payments in Florida.
The duration of the order
Florida courts no longer award permanent alimony in Florida. Instead, the courts only permit durational alimony for a specific period of time. How long can one recipient collect alimony for? That depends entirely on the length of the marriage. The longer the marriage lasted, the longer the recipient can collect alimony. When the order runs out, however, those payments can stop. If you’re currently paying durational alimony, you may have to wait until the order lapses before you stop making payments to your former spouse.
The recipient remarries
Regardless of how long the duration of your alimony payments is, you can stop making payments as soon as the recipient remarries. This is one of the most common reasons that alimony payments are stopped. After an individual remarries, the courts assume that their new spouse can provide financial support and contribute to the household. When the alimony recipient remarries, alimony is automatically terminated. The payer does not need to go to court.
Cohabitation with a new partner
Similar to remarriage, if the recipient spouse cohabitates with a new partner it can be grounds to terminate alimony payments. However, alimony payments do not automatically stop once the recipient spouse enters into a new relationship and lives with their partner. The paying spouse must show evidence that the recipient spouse is in a “supportive relationship” with the new partner. This means showing evidence that they share financial burdens, a bank account, or other proof that the relationship is “supportive”. The burden is on the payer of alimony to prove that the relationship meets the criteria for terminating alimony.
Retirement
After retiring, an individual can face a major change in their finances. They do not have the same income that they had when they were still a part of the workforce. This change in income can be used to establish a significant change in circumstances that can provide grounds for terminating alimony. Importantly, you can’t just retire to avoid alimony payments. The courts will not necessarily terminate alimony payments if you decide to retire at 40. The court will take a number of circumstances into consideration including the health, age, and financial circumstances of the paying spouse.
Talk to a Tampa, FL Family Law Attorney Today
Westchase Law, P.A. represents the interests of those who are seeking to modify or eliminate their alimony payments. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
