Remarriage and Alimony in Florida: What You Need to Know
Following a separation, the financially advantaged spouse may be required to make ongoing alimony payments to their former partner. In some cases, alimony will be permanent. In other cases, it will have a defined duration. You may be wondering: Does remarriage affect alimony in Florida? In this article, our Tampa divorce lawyers answer the question by explaining the most important things you need to know about remarriage and alimony in Florida.
Your Guide to Remarriage and Spousal Support in Florida
Recipient Remarriage Terminates Ongoing Alimony Payments
When the party who receives spousal support gets remarried, all obligations will be terminated. Indeed, under Florida law (Florida Statutes § 61.08), payments no longer have to be made as of the date of the new marriage. No affirmative legal action is required. In other words, the paying spouse has a right to cease any further payment.
Beyond that, the receiving spouse should notify their former partner of the new marriage. If notification is not offered and unnecessary alimony payments are made as a result, a Florida court may order reimbursement. If you paid alimony that was not required, our Tampa spousal support attorneys can help.
Obligor Remarriage Does Not Affect Alimony Obligations
We must emphasize: Florida law only terminates alimony obligations if the receiving party gets remarried. If the obligor—meaning the spouse who pays support—enters a new marriage, it has no direct impact on their legal duties.
In other words, you cannot avoid making alimony payments simply by getting remarried. Although certain changes in life circumstances may warrant an alimony modification, remarriage is not one of them. Some circumstances that could warrant an alimony modification may include loss of income or increased medical expenses.
A Recipient’s Supportive Relationship May Be Cause to End Alimony
Finally, we should note that the receiving spouse cannot continue getting alimony payments simply because they avoid officially tying the knot. Under Florida law, an obligor may be able to terminate alimony payments when their former partner enters a new “supportive relationship.” A supportive relationship is a marriage-like relationship that typically involves cohabitation.
You cannot stop making alimony payments simply because you believe that your former partner entered a new supportive relationship. If they did not officially get remarried, you will need a court order to free you from your alimony obligations. That being said, a recipient party’s unreported, supportive relationship with a significant other may be cause for a judge to rule in your favor.
Call Our Tampa, FL Alimony Lawyers Today
At Bubley & Bubley, P.A., our Florida family attorneys represent clients in the full range of spousal support cases. If you have questions about remarriage and alimony, we are available to help. Our legal team is committed to helping clients find solutions. To get your confidential consultation, please contact our law firm right away. From our office location in Tampa, we serve communities throughout the entire region, including in St. Petersburg, Valrico, San Antonio, and Oldsmar.