If you received alimony or spousal support as a result of your divorce, you may be wondering if the court can take it away. It’s possible to lose your right to claim alimony in certain circumstances, so here’s how to know if you should be concerned.
Ask the following questions:
When Was Your Support Originally Scheduled to End?
Take a look at the provisions of your divorce settlement to see when your alimony was intended to expire. Spousal support is seldom designed to be final, but rather it’s meant to fill the gap until the lower-earning spouse can receive additional instruction or get into a new profession. Frequently, the cessation of alimony simply indicates that the order expired according to the terms of the original divorce decree.
Is Your Support Eligible for Termination?
Your support payments may be eligible for termination if:
- Your ex-spouse passed away.
- You moved in with another person or another person moved in with you. If you cohabitate with someone else, the court may rule that your ex-spouse is no longer obligated to pay alimony.
- You got remarried.
- Your ex-spouse has a sudden reduction in income. Unfortunately, if your is arrested and is incarcerated or loses their employment, they will be unable to pay alimony, and the state will not be able to compel them to do so. The issue will most likely be temporarily suspended until your ex spouse’s situation changes.
- Your income has increased substantially. If you get a new career or start making more money, and your ex can show that you no longer require financial help, a court may agree that alimony payments are unnecessary.
- You did not make any effort to gain the ability to support yourself. While receiving compensation, the court requires you to put forth substantial effort in establishing your own income and independence. A judge may agree to stop your support payments if your ex can demonstrate that you purposefully did not pursue security and stability.
A Seasoned Divorce Lawyer Can Help You With Spousal Support
At Bucholz Family Law, we’ve seen firsthand how alimony and spousal support challenges can wreak havoc on the financial and emotional wellbeing of families throughout Florida. We’re committed to providing comprehensive legal support to our clients from the start of their case through to the final verdict. Contact our law office today to schedule your free consultation by calling (813) 902-9100.