Divorce

Either spouse can file to change (modify) the amount of alimony if:

• the circumstances or the financial ability of either party changes; or 
• your spouse who is paying you alimony has reached normal or customary retirement age, has actually retired, and can prove to the judge that retirement reduces his/her ability to pay alimony.¹

The judge will consider the circumstances and may change the order if the judge believes it is fair to do so.²

Alimony automatically terminates if the spouse receiving alimony remarries. In addition, the spouse who pays you alimony can file to reduce or terminate an alimony award if s/he can prove that you have a “supportive relationship” with a partner. The relationship can be current or within 365 days before s/he files the petition.³ The judge will look at the following factors to decide if you have a supportive relationship with someone:

1. the period of time that you have lived with the other person; and
2. the extent to which you and the other person:
   • hold yourselves out as a married couple by doing things such as:
     • using the same last name; 
     • using a common mailing address; 
     • referring to each other in terms such as “my husband” or “my wife;” or
     • otherwise acting in a way that proves a permanent supportive relationship;
   • have pooled your assets or income, use a joint bank account or other financial accounts, or otherwise show financial interdependence;
   • have financially supported each other, including payment of the other’s debts or expenses;
   • have performed valuable services for each other, or for the other’s business or employer;
   • have worked together to get assets or to enhance the value of assets; 
   • have jointly contributed to the purchase of any land (real property) or personal property; 
   • have an agreement regarding property sharing or financial support; and
   • have provided support to each other’s children or other family members, regardless of any legal duty to do so.⁴

The judge will also consider whether your spouse has paid the existing alimony award or failed to do so and whether there are any arrears. The judge will not consider whether you and the other person have a sexual relationship or not.⁵ If the judge believes that your spouse has proved that you are in a supportive relationship, the judge must reduce or terminate your alimony.³

¹ Fla. Stat. § 61.14(1)(a), (1)(c)(1)  
² Fla. Stat. § 61.14(1)(a)
³ Fla. Stat. § 61.14(1)(b)(1)
⁴ Fla. Stat. § 61.14(1)(b)(2)
⁵ Fla. Stat. § 61.14(1)(b)(2), (1)(b)(3)