What Disqualifies You from Receiving Spousal Support in Tampa?

There are many contentious issues that must be resolved during divorce. Of these, spousal support, more commonly referred to as alimony, is one of the most disputed. Not everyone qualifies for alimony and even if you are awarded it initially, there are certain factors that may deem you ineligible to receive future payments. Below, one of our Tampa alimony lawyers outlines three instances that may disqualify you from receiving support.

Cohabitation or Remarriage

 It is fairly common knowledge that recipients of alimony can no longer receive spousal support payments from their former spouse if they remarry. In these instances, support is automatically terminated and the paying spouse does not have to petition the court before stopping payments. While remarriage can terminate alimony, cohabitating with a supporting partner may also disqualify someone from future support payments. Unlike in the case of remarriage, though, this is not an automatic process.

If your former spouse wishes to terminate alimony based on the grounds of cohabitation, there are certain elements of their case they must prove. The first is that they must establish that you are in a supportive relationship. Evidence that can support this argument is the fact that you are living with someone else, you share expenses as well as ownership of the property, and that you represent yourself as a married couple. If they are successful when proving these facts, the court may decide to reduce support payments or terminate them.

Becoming Financially Independent 

Spousal support serves many purposes but it is mainly to help a spouse with a lower income support themselves financially during divorce proceedings and afterwards. All support orders have a certain duration, as permanent alimony is no longer allowed in Florida. However, if you become financially independent and can support yourself before the duration of alimony ends, this can make you ineligible for alimony. Obtaining gainful employment is one instance that can show the court that you have become financially independent, but there are others, as well.

Your Former Spouse’s Petition 

Your former spouse can petition the court to modify an alimony order if they can show that there has been a substantial change in circumstances. For example, if they lost their job or suddenly contracted a serious medical condition that incurred a high amount of bills for treatment, these could be enough to warrant a modification or termination of alimony. Additionally, if you start to earn substantially more in earnings, that could also constitute a substantial change in circumstances that warrants an alimony modification.

Our Alimony Attorneys in Tampa Can Help with Support Issues 

At All Family Law Group, P.A., our Tampa alimony attorneys can help you obtain the financial support you need during and after divorce. We can represent your interests in the courtroom or during settlement negotiations so you achieve the fair settlement you are entitled to. Call us now at 813-672-1900 or contact us online to schedule a free consultation with one of our experienced attorneys and to get the legal help you need. Se Habla Espanol.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html