Does Remarriage Affect Alimony?

When a couple divorces after many years of marriage, the courts will typically award alimony to the financially dependent spouse. Alimony is intended to help a lesser-earning spouse financially support themselves post-divorce. When the recipient of alimony remarries, cohabitates with someone else, or their financial situation improves, the person paying alimony may want to reduce or terminate payments. Below, our Orlando spousal support lawyer explains how remarriage affects alimony.

How Remarriage Impacts Alimony 

Typically, alimony is paid in regularly scheduled payments over a certain period of time. In these instances, when the recipient of alimony remarries, these payments automatically stop without the need to go to court for a modification. If the alimony was paid in a lump sum or property was transferred in lieu of a payment, alimony cannot be changed. The payer cannot ask for any portion of a lump sum back, nor can they demand the return of property.

How Cohabitation Impacts Alimony 

It is becoming much more common today for couples to live together without getting married. If a recipient of alimony begins living with another person that is not related to them, and they also receive financial support from that person, the courts may reduce or terminate alimony. There are a number of factors the court will consider when determining whether to modify alimony in these situations. They are as follows:

• Whether the recipient states they are married to the person they are cohabitating with, if they share the same last name, and if they use the same mailing address,
• The length of time the recipient has cohabitated with the person,
• The extent to which the recipient is supported by the person they live with,
• If the recipient and person they live with have bought property together, and
• Any other relevant factor that indicates a financial relationship.

How to Modify or Terminate Alimony

 If you are currently paying spousal support and your former spouse experiences a substantial change in their financial circumstances, you may want to reduce alimony payments, or terminate them altogether. The first step is to ask your former spouse if they agree to a modification. If so, you can draft an agreement and submit it to the court for approval.

If your former spouse does not agree to a modification, you can petition the court to modify or terminate alimony. You will then have to attend a court hearing where you will present evidence to show that your former spouse’s financial circumstances have changed.

Our Spousal Support Lawyer in Orlando Can Help with Your Modification 

Even when you have valid reason to modify alimony, in most cases you should not do so without court approval. If your former spouse has remarried, this will terminate alimony payments automatically. In any other instance, you will have to petition the court to obtain a modification. At Anderson & Ferrin, P.A., our Orlando spousal support lawyer can help you through the process and give you the best chance of a successful outcome. Call us now at 407-412-7041 or contact us online to schedule a consultation and to learn more.

Source:

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