On behalf of The Law Office of Gustavo E. Frances, P.A.
Alimony is a form of financial payment by one former spouse to another. Alimony is meant to alleviate the financial stress that a divorced placed on the nonprimary earner of the former marriage. In Florida, alimony laws heavily favor the receiver of payments. The primary earner of the former marriage could even be forced to make indefinite payments.
With that being said, there are instances that can change or stop alimony payment with marriage being the most common. However, Florida law still favors the supported spouse, and only recognizes official marriages. This can give rise to a number of complexities and issues when a supported spouse enters a new live-in relationship. Navigating these complexities can be incredibly difficult, and you may want to consider consulting with a Fort Lauderdale alimony attorney. This article will attempt to answer some common questions surrounding alimony and remarriage.
Remarriage, Monthly Alimony, and Lump Sums
In Florida, alimony is traditionally paid on a monthly basis. Monthly alimony can be paid for a temporary amount of time or indefinitely depending on court rulings. However, remarriage will cause an end to alimony payments regardless of nature.
Lump sum alimonies differ in that the supported former spouse is entitled their payments regardless of remarriage. This means that a supported former spouse could remarry after a divorce and the supporting former spouse would still be required to pay the lump sum alimony.
Remarriage Vs. Relationship
In Florida, remarriage signals the end of alimony payments regardless of circumstance. However, Florida does not honor common law marriages. This causes complications to arise when a former supported spouse enters a live-in relationship with a new partner.
Technically, the supporting former spouse may still be required to pay alimony. In some cases, the supporting former spouse continues to pay alimony even after the supported former spouse makes symbolic marriage gestures with a new partner. This includes exchanging of rings or religious ceremonies.
In order to stop alimony payments after a supported spouse enters a serious relationship, the supporting spouse must prove that this new relationship is providing financial security. As you can imagine, this can prove to be difficult once the case enters the court system.
The Next Step
Alimony payments can give rise to numerous complications once the supported spouse begins a new relationship. Even after moving in with their new partner, they can still be eligible for alimony payments. On the other hand, a supporting former spouse may attempt to use a new relationship against the supported. This could potentially result in an unjust stopping of alimony payment. With all the complexities, pursuing alimony changes related to remarriage or a serious new relationship independently is ill-advised.
If you are seeking alimony changes as a result of remarriage or a serious relationship, you should consider consulting with a Fort Lauderdale alimony attorney. At The Law Office of Gustavo E. Frances, we have the experience necessary to navigate alimony changes. For a consultation, contact us or give us a call at 954-533-2756.