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Early Termination of Alimony

For certain types of alimony there are few ways that alimony could end prior to the agreed upon time or the court ordered time. The following types of alimony could terminate early upon (1) the death of either spouse or (2) upon the remarriage of the party receiving alimony.

For Permanent alimony, the existence of a “supportive relationship” could also terminate alimony early. 

Death

For bridge the gap alimony, durational alimony and permanent alimony, the payments of alimony could terminate before the agreed upon time or court ordered time “upon the death of either party.” Fla. Stat. § 61.08. It does not matter whether it is the paying or receiving spouse that passes away, either one terminates alimony. It is important to note that lump sum alimony does not terminate upon the death of either spouse. In a lump sum alimony situation where the paying spouse passes away, the alimony would be paid out of the deceased paying party’s estate. In a lump sum alimony situation where the receiving spouse passes away, the alimony would be paid to the deceased receiving party’s estate. 

Remarriage of Party Receiving Alimony

For bridge the gap alimony, durational alimony and permanent alimony, the payments of alimony could terminate before the agreed upon time or court ordered time “upon the remarriage of the party receiving alimony.” Fla. Stat. § 61.08. It is important to note that only the remarriage of the recipient spouse terminates alimony - the remarriage of the obligated spouse has no effect on alimony payments. Remember that lump sum alimony will continue to be paid even if the receiving spouse remarries. 

Supportive Relationship

For permanent alimony, the payments of alimony could terminate before the agreed upon time or court ordered time “upon the existence of a supportive relationship.” Fla. Stat. § 61.08. A court may reduce or terminate an award of alimony if the court makes specific written findings that “since the granting of a divorce and the award of alimony a supportive relationship has existed between the [receiving spouse] and a person with whom the [receiving spouse] resides.”  Fla. Stat. § 61.14(1)(b). 

Learn more about supportive relationships and how to prove the existence of a supportive relationship by clicking here.

After alimony is awarded in a Florida divorce, there is a possibility that a change in circumstances may arise warranting the early termination of alimony or modification of alimony. If you are seeking an early termination of alimony or a modification of alimony (upward or downward) please consider contacting an experienced Orlando and Tampa divorce lawyer. 

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