Can I Be Disqualified from Receiving Alimony in Florida?

Alimony, known as spousal maintenance in Florida, is a payment made from one spouse to another. The purpose of alimony is to ensure that a lower-earning spouse has enough money to support themselves on their own once the divorce is finalized. The courts have a number of reasons for not awarding individual alimony. In this article, the Clearwater, Florida divorce lawyers at Cairns Law, P.A. will discuss why the court would disqualify an individual from receiving alimony in a divorce proceeding.

What factors make an individual ineligible for alimony? 

• Lack of financial need – The Florida courts must find a real financial need to award spousal maintenance in a divorce case. The courts must find that the spouse requesting alimony requires alimony payments to support themselves. If the court determines that the requesting spouse does not have a legitimate financial need, they will not award alimony to that spouse. Courts assess the spouse’s income, assets, and overall financial situation. Spouses who have significant income will not be eligible to receive alimony.

• The recipient spouse remarries – In cases where one spouse has been receiving alimony since their divorce was finalized, the spouse’s payments would be terminated if they remarried. In Florida, remarriage is one factor that can make you ineligible to receive alimony payments. Florida believes that the new marriage would provide financial stability to the receiving spouse.

• Living with a new partner – If you remarry, alimony payments are automatically terminated. However, the court can terminate alimony payments if 1) the recipient spouse begins cohabitating with a new partner and 2) the recipient spouse is in a “supportive relationship” with the new partner. A “supportive relationship” is a complex legal concept. Proving a supportive relationship is tricky. If one can be proven, the recipient spouse would not be entitled to receive any more alimony payments.

• Significant changes to financial circumstances – Alimony payments can be modified based on substantial changes to financial circumstances. For instance, if the recipient spouse suddenly receives a windfall of cash, the paying spouse could argue that the recipient no longer has any need for alimony payments. In addition, the financial circumstances of the paying spouse might also change considerably. In that case, the paying spouse could petition the court for a reduction or elimination of alimony payments. But the paying party must prove a substantial change in circumstances.

• Simplified dissolution of marriage – A simplified dissolution of marriage is a streamlined divorce process for couples who meet specific criteria. The process is meant to be fast and easy, but it comes with certain restrictions. One of those restrictions is that alimony is not awarded during a simplified dissolution of marriage

Talk to a Clearwater, Florida Divorce Lawyer Today 

Questions about alimony? Don’t hesitate to call the Clearwater divorce lawyers at Cairns Law, P.A. to discuss this and other matters of interest to you. Our experienced Clearwater family lawyers can help with a variety of topics. Call today to learn more.