I Know My Ex is in a New Relationship—Can I Stop Paying Alimony?
Are you paying alimony in Florida? If your former spouse recently entered a new relationship, you may have questions about whether or not you have to keep making payments. The short answer is that you automatically halt payments unless your ex got remarried. If they are in a new, non-marital relationship, you may be able to terminate your alimony obligations—but you need a court order. Here, our Boca Raton alimony attorney provides a more comprehensive explanation of the key things to understand about your rights if your former spouse entered a new relationship.
Know the Law: Modification of Spousal Support in Florida
Terminated alimony payments is a type of modification case. It falls under Florida Statutes § 61.14. The statute has important implications for your rights as an obligor. An obligor is a legal term used to describe the party who has a responsibility (obligation) to make ongoing payments, such as child support payments or spousal support payments. Here are the two fundamental things that obligors should know about their right to cut off alimony on the basis of their ex’s new relationship:
- Remarriage Ends Obligation: If your ex gets remarried, you can stop paying alimony. Indeed, they have a duty to notify you of their new marriage and you have the right to stop paying alimony on the date of the marriage. No court order is required.
- You Can Petition for Termination Based on Non-Marital Relationship: If your former spouse is in a new relationship, but they did not get remarried, you have the right to file a petition to ask the court to terminate your alimony obligations. However, you cannot simply stop making payments. A court will review the case and move to find in your favor.
The Standard for Non-Marital Relationship: Supportive
Florida Statutes § 61.14 holds that a court may “reduce or terminate” alimony based on the finding that your case ex has entered “a supportive relationship” with a romantic partner. It is a provision that exists within our state’s family law code to adjust financial obligations when the recipient’s living situation changes in a way that might reduce their financial need. For the obligor to end alimony, they must demonstrate that the ex-spouse’s new relationship is financially supportive—in that way, largely akin to a marriage—and that it significantly affects the ex-spouse’s need for support. Most often, this means proving that your ex is cohabitating with a romantic partner. However, a new supportive relationship could potentially be established in other ways as well—such as showing that a new romantic partner is providing significant funds to your ex.
Contact Our Boca Raton Spousal Support Lawyer for a Confidential Consultation
At Williams & Varsegi, LLC, our Florida family attorneys handle all types of alimony cases. If you have any questions about your right to stop paying alimony based on your ex’s new relationship, please do not hesitate to contact us today. With an office in Boca Raton, we help obligors navigate spousal support cases throughout South Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.14.html
