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Ely
Ely, Counselor at Law
Category: Bankruptcy Law
Satisfied Customers: 100048
Experience:  Licensed attorney in private practice.
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Does alimony end in FL if your spouse gets married?

Customer Question

Does alimony end in FL if your spouse gets married?
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  Ely replied 9 months ago.

Hello and thank you for requesting me. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am going to assume that here you mean periodic alimony, and not lump sum.

If so, the answer is yes, unless the decree says otherwise (I assume it does not). In Florida, periodic alimony ends when the supported spouse remarries. This is automatic, and the paying party may end alimony payments immediately without having to return to court for a termination of alimony order.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 9 months ago.

Ely - is it possible to stipulate that you will continue to pay alimony for a specifc period irrespective of whether or not the former spouse marries?

Expert:  Ely replied 9 months ago.
You have to give me more information. WAS this stipulated to in the decree by the parties? Or why do you ask?
Also please allow me a little time to respond as I am away from the site at the moment.
Customer: replied 9 months ago.

I ask because the economics of the transition to child support vs. alimony are very difficult right now. I have no other tax deductions and I would rather structure the alimony payment to be higher to cover the ex's tax costs for that money, than lose it all to the govt. and still have the child support payment on top....just for a two more years until I emerge from a Ch 13 where I am paying off a large tax debt incurred during the marriage.

Expert:  Ely replied 9 months ago.
Thank you for your reply.
It is possible to agree that alimony will continue despite the other party being married. If both parties agree, this can be included in the decree and enforced, even if by default this would not be so.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.