Alimony, also known as spousal support or maintenance, is a legal obligation for one spouse to provide financial support to the other after divorce. It’s usually awarded when there is a significant difference in earnings between the two partners, but what happens when the spouse who receives alimony remarries?
We’ll delve into some of the intricacies of remarriage and its impact on alimony, providing you with valuable insights and tips to address common issues that may arise.
The Effect of Remarriage on Alimony Payments
In Florida, remarriage has a direct impact on alimony payments. Once the receiving spouse remarries, the paying spouse can file a modification of alimony to terminate or reduce the payments. This is because, in the eyes of the law, the remarriage signifies an increase in financial resources for the receiving spouse. It’s important to note that this rule applies even if the new marriage does not result in a significant change in income.
Also, none of this happens automatically. If the paying spouses wishes to reduce or terminate alimony, they must take the initiative to petition the court.
Exceptions to Termination of Alimony
There are, however, exceptions to the termination of alimony upon remarriage in Florida. If the receiving spouse can prove that they are dependent on the alimony payments and will suffer financial hardship without them, the court may order a continuation of alimony even after remarriage. This is usually seen in cases where the recipient has been out of work for an extended period or has a disability that hinders their ability to earn an income.
Cohabitation & Alimony
Another factor that can affect alimony in Florida is cohabitation. If the receiving spouse moves in with a new partner, but they do not get married, the paying spouse can still petition for a modification or termination of alimony.
The court will consider factors such as shared finances, household duties, and the duration of cohabitation when making a decision. Importantly, cohabitation does not automatically terminate alimony. The court will consider all circumstances before issuing a ruling.
Remarriage can have a significant impact on alimony agreements in Florida, and understanding the nuances is crucial for both paying and receiving spouses. As you navigate through the complexities of remarriage and alimony, it’s essential to have the guidance of experienced family law attorneys.
At Tinny, Meyer & Piccarreto, P.A., we specialize in family law matters, including alimony and remarriage. Our team is dedicated to providing personalized solutions tailored to your unique circumstances.
Contact us today to schedule a consultation and ensure your rights are protected.