how to terminate alimony in Florida

Florida divorce law provides for how to terminate alimony in Florida. Under Florida divorce law §61.14, alimony payments may be modified or terminated by a Florida family law court if there is an unanticipated, substantial, material, and involuntary change in the circumstances of either party, that  was not contemplated for at the time the amount of alimony was set. The modification can either increase, decrease, or terminate the alimony paid to an ex-spouse. If you need assistance terminating or preventing a change in alimony contact a divorce attorney in Tampa for legal counsel.

How to Modify Alimony in Florida

Permanent alimony may be modified or terminated upon the death, remarriage, or when the ex-spouse enters into a supportive relationship. However, the most common reason a modification of alimony is an involuntary loss of income. Voluntary reductions in income by incurring debt is not valid grounds for a modification. See Cowie v. Cowie. When determining if a modification is justified, the court will consider the parties’ relative financial circumstances at the time of entry of the final judgment, compared with the parties’ relative financial circumstances when the petition for modification was filed. See Mastromonico v. Mastromonico. For more information on how to terminate alimony in Florida due to death, remarriage, or change in income contact a divorce law firm in Tampa for assistance.

How to Terminate Alimony in Florida due to Remarriage

Knowing how to terminate alimony in Florida due to remarriage or a supportive relationship can be tricky. If a modification of alimony is sought due to a supportive relationship, the party seeking the change has the burden of proving the supportive relationship warrants a modification. If a modification of alimony is sought due to a supportive relationship, the party seeking the change has the burden of proving the supportive relationship warrants a modification. Determining whether the supportive relationship is grounds for an alimony modification will depend on the specific circumstances of each case. The court will consider many factors, such as:

  • The extent the party receiving alimony and person they are in a relationship with have acted as a married couple. For instance, are they using the same last name, living together, referring to each other as husband and wife, or otherwise conducting themselves as if they are in a permanent supportive relationship.
  • The extent to which the parties have pooled or comingled their assets and income.
  • The extent of financial support provided to the ex-spouse by the person they are now in a relationship with.

A skilled divorce attorney will be able use these factors and other evidence to support their client’s position. Additionally, there are many other circumstances that a divorce lawyer can use as ammunition to persuade the court. If you need to change alimony or prevent a modification you should contact a divorce attorney in Tampa for counsel

Tampa Divorce Law Firm

The divorce attorneys at Florida Law Advisers, P.A. have years of experience in both advocating for and against alimony modifications. Our attorneys know what factors are important to Florida family law judges and can competently advocate for our clients rights. If you would like to speak with a divorce lawyer at our firm callus today at 800 990 7763.

6 replies
  1. Francis B.
    Francis B. says:

    Divorced in 1991 paying spousal support 500.00 a month since last amendment in 2009. She also receiveds 231.00 retirement money. In 2017 sold permanent home for 230000.00 to reside with daughter,boyfriend and 3 kids still at home. Do I have options to reduce or delete all alimony and 50.000.00 life insurance policy

    Reply
  2. E.K.T.
    E.K.T. says:

    I need assistance with what to do, my ex husband and i divorced March 10th of 2017, 6 days later he took off to the state of NY with both of our boys without telling me that he was leaving with them, called me to tell me that i wasn’t going to see our kids because he was starting his new life in NY with his then girlfriend, now wife. Which i filed a motion against him for violating the custody agreement, nothing has come of that here in the great state of Florida, also our children go to different school every other year and as per our agreement that agreement was only valid here in the state of FL, also in the motion that i filed and still here is 2019 and Florida hasn’t touched it. He moved in with her in March of 2017, He remarried and made it official Sept 16th 2017. I was practically homeless throughout most of that time and lost 2 jobs pretty much back to back. His wife makes 6 figures a year and he held 2 jobs where he was earning 75k to 85k a year. He is money hungry and left me with nothing but the clothes on my back and I am finally getting on my feet and he is harassing me constantly about his payments. I need advice, protection from him, and child custody reworked.

    Reply

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