Can I Be Disqualified From Recovering Alimony In Florida?
Alimony or spousal maintenance is a payment made from one spouse to another. The purpose of alimony is to ensure that a lower-earning spouse has enough money to live and support themselves after the divorce is finalized. There are numerous reasons why the courts may not award an individual alimony. In this article, the Tampa, FL divorce lawyers at Faulkner Law Group, PLLC will discuss alimony payments and why the court would potentially disqualify someone from seeking alimony in a divorce.
Factors that could make you ineligible for alimony
- Lack of financial need – For the courts to award alimony to a spouse, they must find a real financial need. In other words, the courts must determine that the spouse requisition alimony requires alimony payments to support themselves. If the court determines that the spouse requesting alimony does not have a real financial need, they will not award alimony to that spouse. The courts will assess the spouse’s income, assets, and overall financial situation. Spouses with a significant income or substantial personal assets will likely not be awarded alimony.
- The recipient spouse remarries – If one spouse has been receiving alimony for an extended period of time, and that spouse remarries, that automatically terminates the paying spouse’s alimony payments. In Florida, remarriage is one factor that can terminate or prevent alimony. The idea here is that the new marriage provides additional financial support removing the recipient’s need for alimony.
- Living with a new partner – The court can terminate alimony payments if 1) the recipient spouse begins cohabitating with a new partner and, 2) the recipient spouse is in a “supportive relationship” with their new partner. A “supportive relationship” is a complex legal idea. Essentially, shared living expenses, a joint bank account, and financial interdependence can all be used to prove the existence of a “supportive relationship.”
- Significant changes to financial circumstances – Alimony can be changed or modified based on substantial changes in circumstances. If the financial situation of either the paying or recipient spouse changes dramatically, the court can modify or terminate the alimony agreement. If, for example, the recipient sees a dramatic increase in their income, or the paying spouse sees a dramatic decrease, then the court may see fit to alter the alimony agreement.
- Simplified dissolution of marriage – A simplified dissolution of marriage is a streamlined divorce process for couples that meet specific criteria. It is meant to be fast and painless. However, it comes with certain restrictions. One of those restrictions is that neither spouse can request alimony in a simplified dissolution of marriage.
Talk to a Tampa, FL Divorce Lawyer Today
Do you have questions concerning alimony? If so, the Tampa family lawyers at Faulkner Law Group, PLLC would be more than happy to answer them. Call our office today to schedule an appointment, and we can begin representing your interests during your divorce right away.
