subject: Permanent Alimony Laws And Related Questions [print this page] The laws governing alimony may vary from state to state. Permanent alimony may be permitted only if there was a pre-nuptial agreement or post nuptial agreement in some states. Some other states may grant permanent alimony only under limited guidelines. The different laws regarding alimony can lead to confusion and many questions among individuals. Given below are certain important questions regarding permanent alimony:
Would permanent alimony end if the person getting it gets remarried in the state of Florida?
The state law of Florida states that, Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration, following a marriage of moderate duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are exceptional circumstances. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of supportive relationship in accordance with s. 61.14.
Is it possible to modify permanent alimony?
It may be possible to modify alimony unless there was an agreement between both the parties. However, if the alimony was ordered by the court, then it may have the discretion to change it depending on the circumstances. Permanent alimony is not necessarily fixed just because it is called permanent. In some situations, it may be modified.
Would it be possible to terminate permanent spousal agreement if it is agreed in the separation document?
It is not just possible to modify the agreement easily. One may request to modify the order that granted the alimony. It may be possible to modify or terminate alimony by showing a change in the individuals income. In most cases, if both the parties agree, then the alimony can be changed.
Is it possible for a person to cancel the alimony on grounds of retirement even if the other spouse earns a low income? Will the other spouse be able to get the spouses social security check?
It may not be possible to cancel alimony on grounds of retirement. One may request the court to reduce the amount of the alimony if one cannot make the payments. Alimony is decided based on two major factors: the receiving partys needs and the paying partys ability. The court will consider both these situations and decide if the alimony should be changed or not. If the couple was married for at least a period of 10 years before marriage, then the spouse may have a right towards the ex-spouses social security benefits.
Should the spouse getting permanent alimony inform the other spouse if he/she remarries?
No law obligates the spouse receiving alimony to inform the other spouse of a remarriage. Sometimes, the divorce document may mention that the party should notify the spouse of a remarriage. In such a situation, if the individual paying the alimony finds out about the remarriage, he/she may file a petition to vacate the alimony. This petition may be filed in the court where the divorce was finalized.
Alimony is governed by many court orders and laws. Sometimes, based on the circumstances, it may be possible to modify permanent alimony. One may ask a family lawyer if one has any questions about permanent alimony and its modification.
