Do You Still Pay Alimony if an Ex Remarries in Florida?

Reviewed by Elizabeth W. Finizio, Esq.

If you need help modifying or terminating your alimony payments, please read on, then contact an experienced Broward County alimony lawyer to learn if you still have to pay alimony if your ex gets remarried in Florida.

How is Alimony Determined in Florida?

When going through a divorce, alimony is often an integral issue for many couples. In the event you’re looking to seek alimony, it’s important to understand that the courts in Florida will consider a number of important factors when determining alimony calculations. These matters are determined on a case-by-case basis, as the courts will factor in any elements they deem relevant. This includes:

• The actual need and ability to pay alimony
• Each spouse’s age and health
• Each spouse’s yearly income
• Whether the spouses have children together, and if so, the child custody agreement in place
• Each spouse’s financial and non-financial contributions to the marriage
• The standard of living established during the marriage
• Each party’s earning capacity

Because alimony calculations in Florida are heavily dependent on a number of factors, it’s critical to work with an experienced Broward County family law firm to assist you through this matter to ensure your agreement is fair and reflects your best interests.

Does Florida Have Permanent Alimony?

Yes, the Sunshine State does have a system for permanent alimony, wherein one spouse provides payments to the dependent spouse for the remainder of either spouse’s lifetime or until other conditions are met. Following sweeping legal reforms, permanent lifetime alimony has been eliminated for new divorce filings, but it still heavily governs older, pre-reform agreements. Historically, a spouse in a long-term marriage, i.e., 17 years or longer, could be ordered to pay permanent lifetime alimony. This lasts until one of the parties dies or until the recipient remarries.

As such, divorces filed after July 1, 2023, are not eligible to receive permanent alimony.

Does Alimony Terminate After an Ex Remarries in Florida?

As it so happens, your former spouse need not go so far as to remarry in order for his or her alimony award to be terminated. If the court agrees that your former spouse is cohabitating, the judge can terminate alimony. For the record, in Florida, “cohabitation” is defined as the existence of a supportive relationship between a former spouse and a new partner. Neither simply living with another person nor having a boyfriend or girlfriend who stays over every so often qualifies as cohabitation.

If your former spouse has remarried or you suspect he or she is cohabitating with someone else, you should reach out to a skilled Broward County family law attorney to discuss your next steps.

Is There a Way to Modify an Alimony Agreement in Florida?

It’s not uncommon for the needs or circumstances of a spouse to change in the years following a divorce, whether it be due to moving, remarriage, job loss, or health changes. As such, the courts allow divorced couples to modify their agreements following substantial, unforeseen, involuntary, and permanent changes. It’s important to understand that these circumstances must not have been accounted for when alimony was initially calculated.

As such, if the petitioning spouse can successfully prove these changes have occurred, the court may modify the agreement. This can include a temporary pause or reduction, a permanent reduction, or the termination of the agreement. Ultimately, it is up to the discretion of the court to determine how to alter the agreement.

What Constitutes a Substantial Change in Circumstances?

Understanding the circumstances often viewed as substantial enough to warrant a post-judgment modification in Broward County is critical, regardless of whether or not you are the paying or receiving spouse. As such, this includes:

• Substantial decrease or increase in income and/or cost of living
• Significant changes in health
• Disability, serious bodily injury, or illness
• Retirement
• Involuntary loss of a job
• Promotion
• The cohabitation of the spouse receiving alimony
• Death of either party

Except in the last example, Florida courts are reluctant and cumbersome when it comes to modifying or terminating alimony payments.

How Can a Broward County Divorce Attorney Help You?

Whether your former spouse has remarried or is suspected of cohabitating with another person, a qualified legal representative will help you uncover the necessary evidence – in the form of joint leases or a letter from their landlord stating that they live at the address, joint utility bills, individual utility bills and letters addressed to both of them at the same address, et cetera – and present it to the court in order to modify or terminate your alimony payments.

In the event your former spouse does not agree with the proposed modifications, you’ll need to file a formal, written petition with the court. Ultimately, a hearing may occur in which you can present evidence that helps show the changes in either you or your former spouse’s financial circumstances.

If your former spouse has developed a supportive relationship with someone else, he or she is no longer legally dependent upon you. Our firm will apprise you of your rights and responsibilities as well as provide effective guidance so as to maximize your likelihood of success.

A qualified legal professional from our team will give you an honest assessment of the strengths and weaknesses of your case, help collect and present the necessary evidence, and prepare you for the modification hearing. Given what you have at stake, you can’t afford to go it alone. Let us handle the legal work. Please give us a call today. Our firm is proud to represent clients in Fort Lauderdale and throughout Broward County in navigating these complex matters.

Contact Our Experienced Broward County Firm