How Can I Pay Less Alimony?
Alimony, also known as spousal support, is often a major concern in a Florida divorce. Paying alimony to an ex can feel deeply unfair, especially if you hold your spouse responsible for the breakdown of your marriage. If you have been ordered to pay alimony, you may wonder if there are ways to reduce or eliminate your payments.
Florida law provides several options for modifying or terminating alimony under certain circumstances. Understanding your legal rights can help you avoid overpaying, but it is important not to stop making alimony payments until you are absolutely sure the court has approved it. If you believe your alimony obligation is too high or no longer necessary, a Florida family law attorney can help you explore your options.
When Is Alimony Ordered in Florida?
Florida courts award alimony when one spouse has a financial need and the other has the ability to pay. The purpose of alimony is to help the lower-earning spouse maintain financial stability after divorce. Judges consider several factors before deciding whether to grant alimony, including:
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The length of the marriage
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Each spouse’s income, earning ability, and financial resources
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The standard of living during the marriage
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Each spouse’s contributions to the marriage, including homemaking and childcare
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The age and health of both spouses
Florida law recognizes different types of alimony, including bridge-the-gap, rehabilitative, durational, and permanent alimony. The type of alimony awarded will determine whether and when it can be modified or terminated.
How Can You Reduce or Eliminate Alimony Early in Florida?
Your Finances Change
Under Florida law, alimony may be modified or terminated if there is a significant and permanent change in your financial circumstances. If you lose your job, have your pay reduced, or experience another unexpected financial hardship outside of your control, you can ask the court for a reduction. However, the change must be involuntary, and you must provide proof of your inability to continue paying the original amount.
Your Ex-Spouse Remarries or Lives With a New Partner
In Florida, alimony automatically ends if the receiving spouse remarries. Additionally, if your ex-spouse is living with a new partner in a financially supportive relationship, you may be able to request a modification or termination of alimony.
When deciding whether your ex’s new relationship is "supportive," the court will look at whether the couple shares finances, whether they present themselves as a married couple (even if they are not married), and any other evidence that shows your ex and their new partner are financially supporting each other. If cohabitation reduces your ex-spouse’s financial need, you may have grounds to reduce or stop paying alimony.
Your Ex-Spouse No Longer Needs Alimony
If your former spouse receives a financial windfall, such as an inheritance or a high-paying job, you may be able to argue that alimony is no longer necessary. Courts will consider whether the receiving spouse’s financial situation has significantly improved.
Alimony Limits in Florida
Florida law sets limits on the duration of alimony based on the length of the marriage:
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Short-term marriages (less than 10 years) – Alimony is temporary and limited to a maximum of five years
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Moderate-term marriages (10-20 years) – Alimony may not last for more than 60 percent of the length of the marriage
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Long-term marriages (20+ years) – Permanent alimony may be awarded, but it can still be modified under certain conditions and typically does not last for longer than 75 percent of the length of the marriage
Can You Stop Paying Alimony When You Retire?
If you reach retirement age and can no longer afford alimony, you may be able to request a modification. Florida courts recognize that retirement affects income, but they will evaluate whether your decision to retire is reasonable and whether you have other financial resources.
Get a Free Consultation With a Miami, FL Alimony Lawyer
If you are paying alimony and believe you are eligible for a reduction or termination, legal action may be available and you should explore your options. A skilled Miami family lawyer can review your case and help you petition the court for relief. Contact Miami Family Law Group, PLLC at 305-520-7874 today for a free consultation and take the first step toward lowering your alimony payments.
Contact Miami Family Law Group, PLLC
Our attorneys are ready to help address your legal needs. Schedule an appointment by calling 305-520-7874 or contacting us online.