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Orlando Criminal Attorney > Blog > Florida Divorce > How Does Remarriage Affect Alimony?

How Does Remarriage Affect Alimony?

Alimony is one of the most contentious aspects of any divorce and it can be granted to either spouse during the divorce process. There are many different types of alimony awards in Florida. Bridge the gap alimony is a very popular option that is meant to ensure both spouses can support themselves during the divorce process. Other types of alimony are meant to provide financial support to one spouse on a temporary or permanent basis. Alimony is sometimes awarded to reimburse one spouse for their contributions to the marriage.

An alimony order is not always permanent, though. Like other terms of a divorce, it is sometimes possible to modify alimony, or terminate it altogether. One such instance of this is when the recipient of the alimony gets remarried or when a payee spouse is in a supportive relationship.

The Impact of a Remarriage on Alimony

Alimony is largely intended to help one spouse support themselves financially during or after a divorce. When a person remarries, it is presumed that they are getting that financial help from another source and so, it can alter the way alimony works. As soon as the recipient spouse remarries, periodic alimony may come to an end. A spouse paying alimony can simply stop making payments as soon as the new marriage is legal. There is no need to seek the approval of the Court in these instances.

The Impact of a Supportive Relationship on Alimony

Sometimes, people do not remarry after divorce but instead, they simply start living with someone else. In these cases, the payor spouse has the right to  modify or request a termination of alimony.. For this to happen, the person the recipient is now living with cannot be related by blood or marriage. The person the spouse is cohabitating with must also be providing financial assistance.

Unlike when one spouse remarries, you do have to petition the Court to modify alimony based on a supportive relationship There are many factors a Court will consider when determining whether to modify or terminate alimony in these instances. They are as follows:

  • Whether the obligee and other person have held themselves out as a married couple
  • The period of time that the obligee has resided with the other person
  • The extent to which the obligee exhibited financial interdependence
  • The extent to which the obligee or the other person has supported the other
  • The extent to which the obligee or other person has performed valuable services for the other’s employer
  • Whether the obligee and the other person have worked together to create or enhance anything of value
  • Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property
  • Whether the obligee and the other person have an implied agreement regarding property sharing or support
  • Whether the obligee and the other person have provided support to the children of one another

If you believe that your former partner is in a supportive relationship, it is important to speak to a family law attorney in Orlando for help modifying the alimony order.

Call Our Family Law Attorneys in Orlando Today

If you have already resolved an alimony dispute, you know how difficult the process is. At O’Mara Law Group, our Orlando family law attorneys can help you petition the court to modify or terminate the original order and give you the best chance of a positive outcome. Call us today at 407-634-6604 or contact us online to schedule a consultation.



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