What May Disqualify You from Alimony in Orlando?

Alimony is one of the most contentious issues in divorce. If you were awarded alimony during your divorce, it is important to know that in certain situations, you may no longer be eligible to receive alimony payments. Below are three instances in which you may be disqualified from receiving  alimony.

Remarriage or Cohabitation 

Many people know that if a recipient of alimony remarries, it disqualifies them from receiving spousal support payments from their former partner. In these cases, alimony is automatically terminated without the need to go to court. Although remarrying is reason to terminate alimony, cohabitating with another person may also disqualify a person from receiving alimony. Unlike remarriage, however, this does not happen automatically.

Cohabitation can disqualify you from receiving alimony, but your former spouse will have to prove certain elements of their case. They must show that you are in a supportive relationship and evidence can include living together, shared ownership of property, shared expenses, or representing yourself as spouses. If your former spouse can prove these facts, the court may decide to reduce alimony payments or terminate them altogether.

Becoming Self-Sufficient

 One of the main purposes of alimony is to help a lower-earning spouse financially support themselves during and after divorce. Permanent alimony is no longer available in Florida, but if you become self-sufficient before the duration period expires, this could disqualify you from receiving alimony. If you obtain gainful employment, or the court otherwise determines that you have become self-sufficient, this can impact your eligibility to receive spousal support. The court will consider many factors including your assets, net income, and overall financial stability. The purpose of this is to ensure that only people who truly need alimony are provided with support.

A Petition from Your Former Spouse 

If your spouse experiences a substantial change in circumstances, they can petition the court and request a reduction or termination of alimony payments. A substantial change of circumstances can include a loss of employment, a significant decline in health, or other factors that make it difficult for them to pay the full amount of support.

It is also not only a change in your former spouse’s financial situation that can impact alimony payments. For example, if you receive a promotion at work and start earning substantially more, your former spouse can also petition the court to ask for an alimony modification. While obtaining a modification is not easy, it certainly is possible.

Our Spousal Support Lawyer in Orlando Can Help with Alimony Issues 

At Anderson & Ferrin, P.A., our Orlando spousal support lawyer can help you obtain financial support when going through a divorce. We will represent your interests in settlement negotiations or in the courtroom to help you achieve a fair financial arrangement. We can also advise on the factors that will impact your eligibility for alimony in the future so you know what to expect in the coming months. Call us today at 407-412-7041 or contact us online to schedule an appointment with one of our experienced attorneys and to get more information.

Source:

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