I Am Planning To Get Remarried. Will My Alimony Be Impacted?
Alimony, or spousal support, is provided from one spouse to the other spouse once the parties separate or divorce. The following article will discuss how alimony awards can be impacted when a spouse who is receiving alimony chooses to get remarried.
What types of alimony are awarded in Florida?
There are 4 types of alimony that courts typically award in that state of Florida, which include the following:
- Permanent alimony: Permanent alimony is an award amount that is paid to one spouse for as long as that spouse is unable to financially support herself. This kind of alimony is typically awarded in marriages of 17 or more years and in situations where it is evident that the dependent spouse is unlikely to have the financial capacity to maintain the same standard of living she enjoyed while in the marriage. An example of this is a spouse who was a stay-at-home parent for several years during the marriage. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship between the parties.
- Durational alimony: Limited duration alimony is typically awarded in short-term marriages of less than 17 years, especially if the dependent spouse is likely to become financially self-sufficient. However, it is worth noting that some Florida courts have held that marriages of at least 14 years can also be considered long-term marriages. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances.
- Rehabilitative alimony: Rehabilitative alimony is a short-term award given to a spouse until such a time as she acquires the training or education she needs to earn a reasonable income. An award of rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.
- Bridge-the-gap alimony: Bridge-the-gap alimony is awarded to allow a party to make a smooth transition from being married to being single. This type of alimony is designed to provide for a party’s legitimate identifiable short-term needs. This type of alimony may not exceed 2 years and automatically terminates upon the death of either party or upon the remarriage of the party receiving alimony. This award cannot be modified either in amount or duration.
What happens to alimony once the recipient spouse gets remarried?
Remarriage affects a spouse who is receiving alimony in some of the following ways:
- Periodic alimony (for example, alimony that is paid monthly) automatically ends when the recipient spouse remarries. The paying spouse is permitted to stop making payments immediately upon the date of the marriage and is not required to return to court for an additional court order.
- If a lump sum payment is requested by the court, the recipient spouse’s remarriage will not typically impact the paying spouse’s obligation to make that payment.
- Florida courts have the power to modify or terminate alimony when the recipient spouse begins cohabiting with another person. Florida defines cohabitation as any living arrangement in which the supported spouse is living with and receiving financial assistance from another person not related by blood or marriage).
- It is important to note that only a legal remarriage can automatically terminate alimony obligations.
Schedule a Consultation with an Orlando Family Law Attorney
If you need additional information regarding alimony, please contact Greater Orlando Family Law. Our experienced Orlando family law attorneys will be happy to answer any questions and address any concerns you may have.