What Factors Disqualify Someone from Receiving Alimony?

During divorce, many issues must be resolved and of these, alimony is one of the most contested. Also known as spousal support, a judge may order a higher-earning spouse to pay a lower-earning spouse alimony payments for a certain period of time. Spousal support is not awarded in every divorce and as of July 1, 2023, permanent alimony is no longer available in Florida. There are also certain factors that can disqualify someone from receiving alimony, or that may terminate existing alimony orders. Below, our Orlando spousal support lawyer explains what these are.

Remarriage or Cohabitation 

Many people are aware that when a recipient of alimony remarries, spousal support is terminated. However, many people do not know that payers can stop making payments automatically and there is no need to petition the court for a modification. Along with remarriage, cohabitation can also terminate alimony payments. Unlike remarriage, payments do not automatically stop when an alimony recipient cohabitates with someone else.

In cases of cohabitation, the payer must petition the court and prove that alimony is no longer necessary. This involves showing that there is a supportive relationship. This can entail showing that the recipient is living with another person they share expenses and property with, and that they represent themselves as a married couple. When these elements are proven, the court may decide to modify or terminate alimony orders.

Financial Independence 

Spousal support has many purposes but the main intent is to help a lower-earning spouse financially support themselves during divorce and for a certain period of time afterwards. However, if a recipient becomes financially independent and can support themselves before spousal support ends, this can disqualify them from receiving alimony. For example, if a recipient obtained gainful employment or received a substantial inheritance, they may be ineligible for receiving alimony.

A Court Petition 

Payers of alimony can petition the court for a modification if they can show there has been a substantial change in circumstances. For example, if someone paying alimony lost their job or suddenly suffered a serious illness that requires costly medical treatment, these can be grounds to modify or terminate alimony.

Additionally, if a recipient starts to earn a significantly higher salary, their former spouse can also petition the court to prove this substantial change in circumstances. Typically, the change in circumstances must also be relatively permanent, meaning it will be in place for at least one year. The change must also be involuntary, meaning quitting a job to avoid paying support is not grounds for modifying or terminating alimony.

Our Spousal Support Lawyer in Orlando Can Help with Your Case 

Whether you are seeking alimony or trying to modify an order, our Orlando spousal support lawyer at Anderson & Ferrin, P.A., can provide the legal advice you need. Our experienced attorney can help prove your case so you obtain the support you need, defend against unfair requests for alimony, or modify an existing order. Call us now at 407-412-7041 or contact us online to schedule a consultation with our knowledgeable attorney and to get the sound legal advice you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html