If your ex received permanent alimony under the terms of your divorce, your obligations end the moment he remarries.
Orlando, FL – When two people divorce in Florida, the court can order one spouse to pay child support to the other. Various types of alimony may be granted, not all of which are permanent. Also, the paying spouse may stop sending the monthly checks if their ex remarries or their financial circumstances change significantly.
Alimony payments are not to be confused with spousal maintenance. The latter is a form of financial support provided during the divorce. If you are considering receiving alimony as part of your divorce, you should seek advice from experienced Orlando divorce attorneys.
Whether you’re the one paying alimony or you’re on the receiving end, here’s what you need to know about the different types of alimony available in Orlando.
Main types of alimony that may be awarded by an Orlando court
Under Florida law, alimony is a court-ordered form of financial support that one spouse must provide to the other after the divorce takes effect.
Depending on the length of the marriage and the financial situation of each spouse, an Orlando court may award:
Long-term maintenance payments are usually granted if the marriage has lasted longer than 7 years. Permanent alimony is granted for the lifetime of an ex-spouse.
Lump sum alimony payments
As the name suggests, this is not a monthly commitment, but a one-time payment. An Orlando court will order lump sum alimony payments to even out the distribution of property and assets between spouses.
A spouse may be required to pay their ex rehabilitation support while he or she obtains a degree or training that will enable them to enter the labor market. Rehabilitation support ends when the other person finishes their education or gets a job.
This is a form of temporary maintenance. The court can order that the spouse with a better financial situation supports his ex in the transition to a new life as a single person. This is a temporary form of alimony and the period for which it is granted cannot exceed the duration of your marriage.
Child support is intended to compensate one of the spouses for investing a significant amount of money in their ex-spouse’s goals. For example, if one of the spouses works to support their significant other while they are studying, they may be entitled to compensation for their efforts.
When can I stop paying child support?
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If your ex received permanent alimony under the terms of your divorce, your obligations end the moment he remarries. If your ex marries legally, you no longer have to provide financial support. You can stop paying alimony from the date of marriage without going to court.
If you find out your ex got married six months ago and you’ve been paying child support the whole time, you’re entitled to a refund. You need to look for experienced Florida attorneys and file a legal petition in Orlando Family Court.
Is a cohabitation a reason to stop paying alimony?
Keep in mind that you can only stop paying alimony if your ex got married legally. If your ex is moving in with someone else, you can ask your Florida divorce attorney to take care of it. Basically, you have to prove in court that it is a marriage-like relationship. Your ex may intentionally avoid tying the knot so he can continue receiving child support. If your lawyers show that the ex is now in a supportive relationship and his new partner offers him financial support, the court can terminate his alimony.
Can I stop paying alimony if I remarry?
No, the law does not allow you to stop paying because you have a new partner and new responsibilities. Remarriage is not a valid reason to apply for a maintenance change. You can only do this if you experience a significant drop in your income or if you develop a condition that requires serious medical expenses.