The Impact of Remarriage on Alimony Obligations in Florida

Spousal support, also known as alimony, is influenced by a number of factors in Florida. Drastic changes in income on either side may warrant a change in court order, but what about remarriage or cohabitation? When someone who receives alimony remarries and they have the financial support of a new partner, is it fair for their ex-spouse to continue supporting them? It’s important to know what Florida law says and how to protect your rights.

If you pay or receive alimony and remarriage is on the table, find out how your payments may change. For more personalized guidance, call Crystal Collins Spencer, Attorney at Law at 850-912-8080 now.

How Remarriage Affects Alimony

Remarriage can significantly alter alimony obligations in Florida. When the party who receives alimony remarries, their financial situation often changes significantly, and their needs may become the responsibility of their new spouse. The ex-spouse who pays alimony can then petition the court to terminate alimony payments.

Conversely, if the spouse responsible for paying alimony remarries and incurs new financial obligations, they might petition the court to reexamine their spousal support order. However, it’s important to note that remarriage alone is not a reason for the paying party to request a decrease in or termination of alimony. They have to prove a significant change in their financial situation.

In addition to remarriage, Florida law recognizes that living with a new partner may be a valid reason for changing a spousal support arrangement. If the recipient is living with someone in a marriage-like relationship, the paying spouse may have a basis to request a change to the spousal support order.

Florida Laws on Alimony and Remarriage

Under Florida law, periodic alimony ends when the receiving party remarries. Periodic alimony is paid on an ongoing basis, while lump sum alimony is a set amount paid once. Most couples who work out spousal support in their order agree on periodic alimony. If lump sum alimony is ordered and the other party remarries, the alimony order may not be affected in the same way that periodic alimony would be.

Florida law also covers cohabitation after marriage. For years, couples would use cohabitation as a loophole for one partner to continue receiving alimony while having the financial benefit of a new partner. The law allows for the modification or termination of alimony if the receiving party is involved in a “supportive relationship.” 

This is basically a relationship where they are living with someone to whom they are not related and from whom they receive financial support. If you’re unsure whether or not a relationship would be considered a “supportive relationship” under Florida law, talk to your family law attorney. For example, living with an unrelated roommate would not be a supportive relationship, but living with a close friend who covers your expenses might.

Steps to Take if You or Your Ex-Spouse is Remarrying

Remarriage can shake up a stable coparenting relationship and affect alimony obligations. If you or your ex-spouse is planning to remarry, it’s essential to address the potential fallout right away. Start by consulting with a skilled family law attorney who can provide expert advice tailored to your specific circumstances. Your attorney can help you understand the potential impact of remarriage, ensuring you are well-prepared for any changes that may arise.

If cohabitation rather than legal remarriage is on the table, your attorney can help determine if this arrangement affects alimony. Gathering and presenting appropriate evidence to the court will be crucial in these cases. It’s important to note that proving cohabitation can be a challenge, especially if the person who receives alimony is trying to hide it from you. While remarriage is easily proven via a marriage license, proving cohabitation often requires multiple forms of evidence that stand up to scrutiny from a judge.

It’s also important to communicate openly with your ex-spouse about the upcoming changes, particularly if you have children together. In these situations, you’ll want to maintain the coparenting relationship for the benefit of your children. Attempting to hide remarriage or maintain alimony payments while cohabiting damages the coparenting relationship and puts your children at the center of a problem that does not concern them.

Explore Your Legal Options with Crystal Collins Spencer, Attorney at Law

Whether you receive or pay alimony, knowing how remarriage may affect it can help you be prepared for any changes that may come your way. Let’s talk about your legal options and next steps. Set up a consultation by contacting us online or calling us at 850-912-8080.