5 Things That Can End Alimony in Florida
After a Florida divorce, one party may be required to pay alimony or spousal support to the other party. This form of support is meant to provide financial assistance to a former spouse. It is intended to ensure that the receiving party can maintain a reasonable standard of living similar to the one they were used to in marriage. Alimony aims to help the receiving party eventually become self-supporting. However, in Florida, alimony is not permanent. In fact, several situations can lead to alimony being reduced or terminated. Understanding the things that can lead to alimony ending in Florida is crucial. This is true regardless of whether you are making or receiving payments.
Below are five things that can end alimony in Florida.
- Death of the Receiving Spouse
In Florida, death is the most straightforward reason why alimony would end. If the person paying alimony dies, their estate is not legally obligated to continue making payments. Similarly, if the person receiving payments dies, payments automatically stop since the purpose of alimony is to support a living former spouse.
- Significant Change in Circumstances
In Florida, alimony can be altered or ended if either party experiences a significant change in circumstances. For instance, if the party paying alimony experiences a disability or job loss (due to no fault of their own), it may be possible to terminate alimony. Similarly, if the receiving spouse gets a new job or becomes financially independent, it may be possible to terminate alimony.
- Remarriage of the Receiving Party
Florida law terminates alimony when the receiving party gets remarried. If you have been making alimony payments, and your former spouse remarries, you can ask the court to end the alimony payments. In such a case, the new spouse is now legally responsible for providing financial assistance to your former spouse.
- The Existence of a Supportive Relationship
Even if the receiving party is not remarried, alimony may be terminated if they are in a supportive relationship with another person. However, according to Florida Statutes Section 61.14, it is upon the obligor (the paying party) to prove that a supportive relationship exists. Once they prove the existence of such a relationship, the obligee (the receiving spouse) gets an opportunity to try to convince the court why alimony should not be terminated.
To determine if a supportive relationship exists, the court looks at different factors, such as joint property, shared bank accounts, and the extent to which the two have held themselves out as a married couple.
- The Expiration of the Court Order
In Florida, all alimony awards have a specific end date. For example, according to Florida Statutes Section 61.08, bridge-the-gap alimony is awarded for a maximum of two years. Once the set term expires, alimony payments automatically cease. In such cases, if the court order clearly indicates when an order expires, the paying party does not need to take any action when that time arrives.
Understanding when alimony can be terminated is crucial, whether you are the obligor or obligee. If you are the receiving party, you need to understand what situations can put you at financial risk. On the other hand, if you are the paying party, understanding the law can help you prevent financial obligations that are unfair or unnecessary.
Contact an Orlando Family Lawyer
If you need help seeking alimony modification or your spouse is seeking to modify alimony, contact a skilled Orlando family lawyer at Arwani Law Firm today.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.14.html
