In Florida, many people who pay or receive alimony wonder what happens if they or their ex-spouse remarries. At Tampa Divorce Attorney, we often hear questions like “Does alimony end when you remarry in Florida?“
In this article, we’ll answer that important question and explain how remarriage can affect your alimony payments. As experienced divorce lawyers, we’ll guide you through the legal intricacies so you know what to expect.
As stated by Florida Statute 61.14, alimony usually ends when the person receiving it remarries. However, some exceptions might apply based on the alimony agreement.
Introduction to Alimony in Florida
In Florida, alimony can vary in type and duration, reflecting the state’s unique approach to ensuring financial fairness post-divorce.
By definition, alimony is money one spouse pays to the other to help them keep a similar lifestyle after a divorce. This support can be given during a divorce or separation. It depends on how long the marriage lasted, what each spouse needs financially, and what each can afford to pay.
In Florida, there are different kinds of alimony:
- Temporary alimony: Paid while the divorce is ongoing.
- Bridge-the-gap alimony: Helps one spouse move from being married to being single.
- So to speak, Durational alimony: Provided for a specific length of time.
- Permanent alimony: Paid for the rest of the spouse’s life unless they remarry or one of the spouses dies.
The court decides how much and how long alimony should be paid based on each case’s details. It’s important for both spouses to know their rights and responsibilities about alimony in Florida. Talking to a family law attorney can help understand these rules and ensure their rights are protected during the divorce.
Factors Affecting Alimony Termination
Alimony can terminate if the recipient remarries or cohabitates.”
As a rule, one reason alimony might stop is if the spouse receiving it gets remarried, since they might not need as much financial help with a new partner. Another reason could be the length of the marriage; shorter marriages might mean alimony payments end sooner. If either spouse’s financial situation changes a lot—like if one makes a lot more money or the other needs less—this can also affect alimony.
In the most basic sense, other things that might matter include if the receiving spouse has a live-in partner or if they can now support themselves. Courts can also change or stop alimony if there are big changes in someone’s life or if a plan to help the receiving spouse get back on their feet is finished.
Impact of Remarriage on Alimony
Bringing together earlier ideas, remarrying often leads to a reassessment or termination of alimony payments.
To be brief, alimony, also known as spousal support, is money one ex-spouse pays to the other after they get divorced. Whether remarrying affects these payments depends on the couple’s situation and the laws in their state.
In some cases, if the spouse receiving alimony gets remarried, the payments might stop. This often happens because the new marriage means the receiving spouse now has financial support from their new partner. Alimony is meant to help a spouse who was financially hurt by the divorce, and remarrying can change their financial needs.
However, not all states stop alimony automatically when the receiving spouse remarries. In those states, the receiving spouse might have to go to court to ask to change or stop alimony based on their new circumstances.
Exceptions to Alimony Termination
Emphasizing our past talks, alimony can sometimes persist despite events that usually trigger its termination.
If you think about it, alimony usually stops at certain points, but there are some exceptions. For example, if the person getting alimony can’t work because they are physically or mentally disabled, alimony might continue. If the person paying alimony dies but had life insurance to keep the payments going, alimony might also continue.
To cut a long story short even if the person receiving alimony gets married again, if their alimony agreement says payments should keep going, they will.
Courts look at other things too, like how long the marriage lasted, the lifestyle during the marriage, and any written deals between the ex-spouses. Every case is different, so whether or not alimony stops depends on each person’s situation.
Steps to Modify or Terminate Alimony
Emphasizing our past talks, a formal modification or termination of alimony requires filing a request with the original court that issued the order.
When it comes down to it, the court will look at the details of your situation and might take into account things like changes in either person’s finances, how long the marriage lasted, and other relevant factors. If the court decides that a change or end to the alimony is needed, they will issue a new order. It’s very important to follow all legal steps and meet deadlines when trying to change or stop alimony. All in all, if you don’t, your request might be denied.
Also, it could be useful to talk to a family law lawyer to make sure your rights are protected. You should gather documents and evidence to support your request for changing or ending alimony.
My Final Perspective
Reviewing earlier themes, in Florida, alimony does not automatically end upon remarriage. However, the court may consider this new relationship when modifying or terminating alimony payments.
What Tampa Divorce Attorney is pushing for is, it is important for individuals receiving alimony to be aware of their rights and obligations in the event of remarriage, as each case is unique and subject to the court’s discretion.
