During a divorce, one spouse may either agree to provide financial support to the other party or be directed to do so by the court. This payment is known as alimony and is often paid to help the other party maintain their lifestyle after the divorce.
However, certain life situations can trigger the termination of spousal support. Here are some of the circumstances when alimony can be terminated in the Sunshine State.
Death of either party
Alimony will automatically be terminated following the death of either party. If the party receiving the alimony passes on, their dependents are not entitled to continue receiving alimony, and neither are the dependents of the paying party mandated to continue making the payment if the paying party has passed on. This is because alimony is treated as a contract between two parties — which automatically ends with the death of either person.
Alimony can be terminated upon mutual agreement by both parties. During the divorce process, a couple can agree to specific alimony terms involving a specific alimony amount for a certain period of time. A couple can also agree to terminate spousal support following a specific triggering event, such as when the receiving party obtains relevant job skills or experience sufficient to find work or when the paying spouse retires or loses their source of income.
Remarriage by the receiving party
Spousal support can also be terminated (and generally will be) if the receiving party gets remarried. With a few exceptions, alimony payment ends on the date of the receiving party’s remarriage. However, if the paying spouse was directed by the court to make a lump sum payment or if the court directed a transfer of property following the divorce, this directive must be honored even when the receiving party remarries.
When a couple decides to divorce, it is not unusual for the court to include alimony payments in the final divorce decree. However, it is important to understand that spousal support can be terminated under a given set of circumstances.