How Can I End Alimony in Florida?
When you’ve been ordered to pay alimony in Florida, it can feel like a financial burden that never ends. Fortunately, Florida law provides several legal avenues that may allow you to modify or even terminate alimony, depending on your circumstances. This article explains how alimony works in Florida, the specific situations that might allow you to end your alimony obligations, and the legal standards and procedures involved in doing so.
Understanding Alimony in Florida
Alimony—also known as spousal support—is court-ordered financial support paid by one former spouse to another after a divorce. The purpose of alimony is to help the lesser-earning spouse maintain a similar living standard to what they experienced in the marriage.
Florida Statutes § 61.08 governs alimony. As of July 1, 2023, Florida passed a major alimony reform law eliminating permanent alimony. Now, the types of alimony recognized in Florida are:
- Bridge-the-gap alimony
- Rehabilitative alimony
- Durational alimony
- Temporary alimony (during the divorce proceeding)
Each of these types of alimony has specific rules about when it starts, how long it lasts, and under what conditions it can be changed or ended.
Can You Modify or End Alimony?
In Florida, not all alimony awards are modifiable. Whether you can terminate your alimony depends on the type of alimony awarded and the specific language in your divorce judgment.
Durational and rehabilitative alimony are generally modifiable under Florida law. Bridge-the-gap alimony is not modifiable in duration or amount.
If your alimony is modifiable, the paying party must show a substantial, material, and involuntary change in circumstances since the original alimony order was entered. That change must also be permanent in nature.
Florida Statutes § 61.14 allows courts to reduce, terminate, or modify alimony when there has been a qualifying change. However, the burden of proof is on you—the person requesting the change—to show that your situation meets the legal criteria.
Grounds for Ending Alimony
There are several grounds under Florida law that may justify ending alimony.
1. Retirement
Florida law now specifically allows for alimony to be modified or terminated upon “reasonable retirement” of the paying spouse. Reasonable retirement is defined by Section 61.14 as retirement at or after the normal retirement age for Social Security benefits or when the payor reaches the customary retirement age for their profession.
If you retire and your retirement is voluntary, permanent, and made in good faith, the court may consider terminating your alimony obligation. Factors the court may examine include your age, health, reason for retiring, income after retirement, and whether you gave your former spouse reasonable notice of your intent to retire.
2. Cohabitation
Florida law allows for the modification or termination of alimony if the recipient is in a “supportive relationship.” According to Section 61.14(1)(b), a supportive relationship involves the recipient living with another person and receiving financial or other support similar to what one would expect in a marriage.
In evaluating whether a supportive relationship exists, the court may look at shared expenses, length of the relationship, joint assets or accounts, and whether the couple presents themselves as a married couple. If the court finds a supportive relationship exists, alimony can be reduced or terminated.
3. Remarriage
If your former spouse remarries, Florida law automatically terminates most types of alimony. This is a relatively straightforward process, but you will need to file a motion and obtain a court order to officially stop the payments unless it happens automatically under the terms of your divorce decree.
4. Change in Financial Circumstances
You may be able to terminate alimony if you can demonstrate a significant, involuntary, and permanent change in your financial situation. This could include long-term job loss, serious illness, or a major decrease in income due to no fault of your own.
Temporary downturns or changes due to voluntary decisions—such as quitting a job without cause—do not usually qualify. The court will also consider whether you made a good-faith effort to improve your financial situation and whether you continue to have the ability to pay.
5. Death
Alimony obligations terminate upon the death of either the paying or the receiving spouse, unless otherwise agreed in a valid marital settlement agreement or judgment.
Legal Process for Terminating Alimony
To legally end your alimony in Florida, you must file a Petition for Modification or Termination of Alimony in the family court that issued your original divorce decree. The process typically involves the following steps:
- Filing the Petition: Clearly state the reasons and legal basis for your request to end alimony.
- Serving the Petition: Your former spouse must be properly served with the court documents.
- Discovery and Evidence: You may be required to provide documentation supporting your claim—such as proof of retirement, medical records, income tax returns, or evidence of your former spouse’s cohabitation.
- Hearing: A judge will review the evidence and decide whether to grant your request. The court may reduce, suspend, or terminate your alimony, depending on the facts presented.
It’s important to remember that until a judge signs an order modifying or ending alimony, your legal obligation continues. Simply stopping payments without a court order can result in arrears, contempt charges, and other legal consequences.
Things That May Prevent Termination
Even when retirement or cohabitation exists, the court may deny termination if doing so would leave the receiving spouse without financial support and in need of government assistance. The judge has broad discretion and will consider fairness and each spouse’s needs and ability to pay.
Additionally, if your original divorce agreement states that alimony is non-modifiable, or if it includes specific conditions under which alimony may not be changed, the court will likely enforce those terms.
Recent Changes to Florida Alimony Law
As mentioned earlier, Florida recently enacted significant changes to alimony laws in 2023. The most important change was the elimination of permanent alimony. If your alimony was ordered before July 1, 2023, and it was classified as permanent alimony, you may now have stronger grounds to seek termination or modification.
The new law also introduced caps on the length and amount of durational alimony. For example, the court can award durational alimony in an amount that meets the receiving spouse’s reasonable financial need, but it cannot be more than 35% of the difference between the two spouses’ net incomes—whichever amount is lower.
These changes may impact your eligibility to end alimony and should be evaluated in the context of your specific case.
Florida Alimony Lawyer
If you believe you have grounds to end or modify your alimony, it’s important to understand your legal rights and follow the correct procedures. Alimony cases can be complex and are often highly fact-specific. To ensure you present the strongest possible case and avoid costly mistakes, consult with an experienced Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida divorce attorney.
To learn more about how you may be able to end alimony in your specific situation, contact the Law Offices of Matthew Z. Martell, P.A. alimony lawyers by calling (941) 556-7020 or contacting us online for a free initial consultation.
