What Events Can Terminate Alimony Payments?

In some divorces, a higher earning or more financially stable spouse will be required to make what are known as alimony payments to his or her former partner once the divorce is finalized. Because permanent alimony was recently abolished in Florida, courts are no longer permitted to award lifelong alimony upon divorce. Instead, courts must award alimony for a specific duration, generally not to exceed the length of the marriage. It is also possible to terminate alimony before this period of time expires, but only in certain circumstances.

Remarriage of the Recipient 

There are now three main types of alimony in Florida, which are known as durational alimony, rehabilitative alimony, and bridge-the-gap alimony. These awards must all be given deadlines, which the parties cannot exceed. If, for instance, a court orders bridge-the-gap alimony, then that award cannot exceed two years. Durational and rehabilitative alimony can also be limited based on the length of the marriage and the parties’ financial circumstances. In most cases, alimony will cease on the date stated by the court. It can, however, be ended earlier when the recipient of the payments remarries. In these situations, the paying party can ask the court to stop the alimony payments, a request that will usually be granted.

Cohabitation of the Recipient 

Remarriage isn’t the only way to terminate alimony before the court’s predetermined deadline. It is also possible, for instance, to end alimony payments early if the paying party can prove that the recipient is cohabiting with a new partner. Proving cohabitation and a supportive relationship does, however, require substantial evidence, so the petitioner should be prepared to provide proof of both the length of the relationship and the financial support that exists between the parties.

Retirement of the Paying Spouse 

Abolishing permanent alimony wasn’t the only recent change made to Florida’s alimony laws. In fact, lawmakers also made it simpler for paying spouses who are approaching retirement to modify or even terminate their financial obligations to a former spouse. Courts will still, however, require proof that the paying spouse’s retirement is reasonable or in good faith, which means that the party isn’t retiring merely to stop or reduce alimony. Furthermore, the petitioning party will need to prove that he or she has reached normal retirement age, which can be anywhere from 61 to 65 years of age.

Death of Either Party 

Of course, the death of either the person paying alimony or the party receiving such payments will terminate the alimony award. This is a relatively straightforward process, as the obligation to provide or receive financial support simply ends with the demise of either former spouse.

Speak with a Clearwater Alimony Lawyer Today 

Alimony often ends up being a contentious issue in divorce. For help coming up with an alimony agreement that is fair in your own case, consider reaching out to one of our experienced Clearwater alimony lawyers for help. To schedule a consultation, please contact Cairns Law at 727-683-1472 or send us an online message today.

Sources: 

news.wfsu.org/state-news/2023-07-02/a-new-law-puts-an-end-to-permanent-alimony-in-florida

floridabar.org/the-florida-bar-journal/floridas-cohabitation-statute-the-revolution-that-wasnt/