Alimony in Florida - FAQ's

Question- I have been married just over 15 years, will I be automatically awarded permanent alimony?
Answer - Permenant alimony is no longer an option in Florida. Other types of alimony will be considered in this case. The courts will look at these types of alimony first, and consider each or a combination of each.

Question - If I am awarded permanent alimony will those payments ever stop?
Answer - Permanent alimony in Florida is no longer an option. If you were awarded alimony prior to the new alimony laws, it will stop automatically if the recipient remarries and alimony can be modified or reduced if there is a substantial change in the circumstances of either party. A petition for modification of alimony must be presented to the court for them to consider termination of alimony, a reduction of alimony or an increase in alimony but a substantial change in circumstance must be present.

Question: I want to retire but I am paying permanent alimony. Can my alimony be modified or will it only stop upon my death or if my ex-spouse remarries?
Answer: Alimony can be modified if the courts find there is a substantial change in circumstance unless you and your ex-spouse specifically agreed to non-modifiable permanent alimony in writing. The courts in Florida cannot order a modification on non-modifiable alimony. If you are at a point where you can retire, and you have not agreed to non-modifiable alimony, then you can petition the courts for modification of alimony.

Question - My ex-spouse has remarried and their combined income is considerably more than when we divorced. Is it possible to get an increase in alimony?
Answer: Florida law does not allow the inclusion of a spouse's income when considering alimony. There have been cases, however, where the Florida courts have penalized a payor who has been found to have intentionally used the new spouse to hide assets to avoid paying alimony. However, the courts may or may not find that the recipient requesting an increase has shown evidence of need, and proving fraud does not necessarily mean the payor will be ordered to increase their alimony payments. 

Question: I am afraid that my standard of living will substantially change once I am divorced. Will I be awarded enough alimony to maintain my current standard of living?
Answer: Most divorcing couples both face the possibility that their standard of living will change. Although it is a factor, standard of living is not the determining factor when the courts are determining the type or amount of alimony that may be awarded. There are many other factors that the courts will examine before awarding alimony.

Question: What happens to my alimony if my ex-spouse dies?
Answer: When petitioning the courts for an order of alimony, you might ask that it be ordered that your ex-spouse is to purchase or maintain a life insurance policy, bond or other method of security. Should your ex spouse die before the obligated amount of alimony is paid your alimony would be secured. The courts may or may not order the payor to do so, however.

For a consultation with an aggressive, experienced Tampa divorce attorney Nilo J Sanchez & Associates, please contact our office. Mr. Sanchez provides representation in divorce cases where alimony is a factor and also handles modification of alimony cases after a final order of dissolution of marriage has been entered.