305-358-2330In Florida, divorce proceedings frequently entail the discussion of alimony between spouses who have significantly different financial earnings.
This requirement can be modified when a spouse receiving alimony gets remarried or otherwise improves their financial situation. An alimony award serves a number of purposes including bridging gaps until a spouse is self-supporting, provide financial support for a specified amount of time, which can be permanent, or pay a spouse back for what they contributed during the period of the marriage.
The most common type of alimony consists of payments made based on a schedule, such as weekly, bi-weekly, or monthly.
Courts consider a variety of factors when determining alimony such as what the standard of living was during the period of marriage, how long the marriage lasted, how old each spouse is, the potential health implications they may have, financial and property-based resources, earning potential for each spouse, childcare responsibilities, each spouse’s contributions during marriage, and other factors.
While periodic alimony may be delivered on a weekly, bi-weekly, monthly, or any other set basis, it will automatically end based on a few circumstances. If a supported spouse legally remarries, the paying spouse has the ability to end alimony payments without having to obtain a court order or attend legal proceedings. There are some provisions to this act if alimony is being delivered in other forms.
For example, alimony paid in one lump sum payment or through transfer of title for property still remains an obligation of the paying spouse.
When there are significant changes in financial circumstances for the paying or receiving spouse, either party may wish to terminate or modify the alimony agreement. The best plan of action is to try and work an arrangement out together, then file the agreement at the circuit court clerk’s office.
If a mutual agreement cannot be reached, a formal court proceeding will be necessary in order to terminate or modify alimony. This requires a motion to terminate along with conclusive evidence of this change through various documents such as financial statements.
Another factor that can impact spousal alimony is if the supported spouse begins permanently living with another individual. State law defines this as any living arrangement where the individual receives financial assistance from a person who is not related.
This is a circumstance that can get a bit tricky as there needs to be sufficient evidence regarding the length of time the supported spouse has lived with the other person, the amount of financial assistance being provided, if any property has been purchased between the supported spouse and their new cohabitant, and any other components that may be related to their financial relationships.
Under Florida alimony law, spousal support can be modified due to substantial, material, and involuntary change in circumstances that was not contemplated for at the time the order was originally set. Furthermore, child support can also be modified if there has been a change.
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The modifications can either increase, decrease, or terminate the amount of support. If you have questions about alimony in Florida during or after divorce proceedings, contact a Miami divorce attorney for advice on your specific case.
Know, Marriages and mortgages from prenup to spousal support: https://www.carolanfamilylaw.com/marriages-mortgages-prenup-spousal-support/