Will Remarriage Affect My Alimony Award?

Alimony, or spousal support, is a type of financial payment made by one spouse to a former, or soon-to-be former spouse. In most cases, these payments must continue until a certain date has passed, or a specific goal has been reached. There are, however, other things that can impact an alimony award, including remarriage, so if you have questions about how a new relationship could affect your alimony award, consider reaching out to a dedicated Clearwater alimony lawyer for help.

Types of Alimony

There are four main types of alimony that Florida courts award as a part of divorce proceedings, including:

• Durational alimony, which is usually awarded in short-term marriages and only for a certain amount of time, often until the dependent spouse becomes financially self-sufficient;
• Rehabilitative alimony, which is another type of short-term alimony award given to spouses who need to acquire training or education to become self-sufficient;
• Bridge-the-gap alimony, which is designed to provide for one person’s legitimate, short-term needs and cannot exceed two years; and
• Permanent alimony, which is awarded only after the end of long-term marriages when one spouse doesn’t have the financial capacity to support him or herself.

When an alimony award terminates depends in part on the type of award in question. Durational alimony, for instance, ends upon the death of either party, or the remarriage of the payor, while rehabilitative alimony must be paid until completion of the rehabilitative plan or on the basis of a substantial change in circumstances. Bridge-the-gap alimony, on the other hand, cannot be modified in either amount or duration, but does automatically terminate upon the remarriage of the recipient spouse. Finally, permanent alimony ends upon the death of either party or upon the remarriage of the recipient. It can, however, also be modified based on evidence of a supportive relationship.

Termination Upon Remarriage

When a person who is receiving alimony from a former spouse gets remarried, he or she can expect certain repercussions. Alimony that is paid monthly, for instance, automatically ends when a recipient spouse remarries, as the paying spouse is allowed to stop making payments immediately upon the date of the other party’s marriage. The recipient spouse’s remarriage will not, on the other hand, usually affect a lump sum alimony award, which will need to be paid in its entirety regardless of the parties’ marital status. Even merely cohabiting with another person could be enough for a judge to modify or terminate a recipient spouse’s alimony award. This situation, unlike remarriage, will not, however, be automatic. Instead, the paying spouse would need to petition the court and formally ask for the modification of the award.

Schedule a Meeting with a Clearwater Alimony Lawyer Today

If you have questions about how your remarriage could affect your alimony payments, please call us at 727-683-1472 or send us an online message. The experienced Clearwater alimony attorneys at Cairns Law are happy to answer your questions and address your concerns.

Resource:

floridabar.org/the-florida-bar-journal/overview-of-florida-alimony/