Alimony, or spousal support, can be a contentious issue in divorce cases and many people wonder if getting remarried or living with someone affects alimony payments. The answer depends on the situation, but Florida law has clear rules about how these changes can impact alimony.
Let’s discuss what happens to alimony when the recipient gets remarried or starts living with a partner and what steps you can take to protect yourself.
What Happens to Alimony If the Recipient Gets Remarried?
In Florida, if the person receiving alimony gets remarried, alimony payments usually stop automatically. The idea is that the new spouse will help provide financial support, so alimony is no longer needed.
However, this rule applies only to ongoing payments like permanent or periodic alimony. If the divorce agreement included a lump-sum alimony payment (a one-time payment), it won’t be affected by remarriage.
For the person paying alimony, they will need to go to court and show proof of the remarriage to officially stop payments.
Does Living with Someone Else Affect Alimony?
Living with a romantic partner without getting married, also called cohabitation, can also affect alimony in Florida. If the recipient is in a supportive relationship with their new partner, the person paying alimony can ask the court to reduce or stop the payments.
What Is a Supportive Relationship?
A “supportive relationship” means the recipient and their partner are acting like a married couple, even if they aren’t married. The court will look at things like:
- Sharing expenses: Are they splitting the cost of rent, utilities, or groceries?
- Living arrangements: How long have they been living together, and is it similar to a marriage?
- Financial ties: Do they share bank accounts or investments?
- Helping each other: Is one partner providing financial or emotional support to the other?
If the court finds that the recipient is in a supportive relationship, it may decide to reduce or stop alimony payments.
Exceptions and Special Cases
There are some situations where alimony may not change, even with remarriage or cohabitation:
- Prenuptial or Postnuptial Agreements: These agreements might include specific rules about when alimony ends.
- Different Types of Alimony: Some types, like temporary or bridge-the-gap alimony, have set time limits or purposes that aren’t affected by remarriage or cohabitation.
- Court Decisions: Even if there’s proof of cohabitation, the court will consider the full situation before making any changes.
What You Can Do
If you’re paying alimony and think your ex-spouse’s situation has changed, here’s what you can do:
- Keep an Eye on Changes: If you suspect your ex has remarried or is living with someone, collect evidence like social media posts or shared addresses.
- File a Petition: Work with an attorney to officially ask the court to modify or stop alimony payments.
- Stay Legal: Don’t do anything invasive, like stalking or illegal surveillance, to gather evidence—it can hurt your case.
If you’re receiving alimony, it’s important to understand how your choices, like cohabitation or remarriage, could affect your payments. Talk to a family law attorney to understand your rights.
In Florida, remarriage usually ends alimony, while cohabitation can lead to reduced or stopped payments if it’s considered a supportive relationship. Whether you’re paying or receiving alimony, understanding these rules can help you plan for the future and protect your finances.
If you have questions about how remarriage or cohabitation might affect alimony, speaking with Attorney O’Connor, an experienced family law attorney, can help you navigate the process and ensure the best outcome.
This article is intended to provide general guidance. For specific advice regarding divorce, we recommend consulting with Attorney O’ Connor.
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Attorney O’Connor has extensive experience with divorce, divorce mediation, collaborative divorce and military divorce and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.
