Pensacola families rely on trusted legal guidance when life moves forward and finances must adjust. James M. Burns, a Pensacola family law attorney, helps former spouses understand exactly how remarriage affects Florida alimony. From our office at 611 N New Warrington Rd, minutes from Naval Air Station Pensacola, we counsel clients throughout Warrington, Bellview, Ferry Pass, and Gulf Breeze.
Remarriage is often a joyful new chapter, yet it can raise real concerns about ongoing support. We guide clients with compassion and clarity, drawing on more than two decades of Florida divorce and alimony experience. This page explains whether alimony ends when someone marries again, why the rules exist, and how to safeguard your rights in Escambia and Santa Rosa counties.
Call Pensacola alimony attorney James M. Burns at (850) 457-6002 or request your free, confidential consultation now and learn exactly how remarriage could end your alimony obligations.
Does Alimony End When the Recipient Remarries in Florida?
Florida law ends most alimony the moment a supported spouse remarries. Section 61.08(7) of the Florida Statutes states that a new legal marriage by the recipient automatically terminates continuing spousal support. The rule rests on a simple policy: the new spouse is presumed to fill the support role, so the prior spouse is released.
Although termination is automatic, our Pensacola alimony attorneys at James Burns Law still recommend filing a short notice or motion with the family court. A formal order prevents confusion, stops future collection efforts, and documents the exact end date for accounting purposes. We reassure clients that this step is quick, inexpensive, and eliminates later disputes.
If I’m Paying Alimony and I Remarry, Do I Still Have to Pay?
A paying spouse’s own remarriage does not cancel the obligation. Florida courts base alimony on the former couple’s circumstances at divorce, not on a new partner’s income. You must keep paying unless a substantial change, such as reduced earnings or new dependents, justifies a modification. The Escambia County divorce lawyers at our firm can review your finances and file for relief when a genuine change makes continued payments unfair.
How Remarriage Affects Each Type of Florida Alimony (Paragraph Version)
Permanent Alimony (pre-2023 orders). If the supported spouse remarries, permanent alimony stops automatically because Florida law assumes the new spouse now provides ongoing financial support. For anyone still bound by an older order, this rule offers immediate relief once a legal marriage certificate exists.
Durational Alimony. A recipient’s remarriage does not cancel durational alimony on its own. Instead, the paying spouse must ask the court to shorten or terminate the remaining term by showing the new marriage has materially improved the recipient’s finances. Judges require that extra step because durational awards are meant to meet needs for a fixed number of years.
Rehabilitative Alimony. Courts usually end rehabilitative alimony when the recipient remarries, but they may keep it alive if the educational or training plan financed by the payments is unfinished. The guiding question is whether the purpose, helping the spouse become self-supporting, has already been met despite the new marriage.
Bridge-the-Gap Alimony. This short-term support always terminates the moment the recipient remarries. Florida statute treats bridge-the-gap payments as a quick transition tool, and a new spouse is presumed to fill that role immediately.
Lump-Sum Alimony. A remarriage has no effect on a lump-sum award because the obligation ends the day the single payment (or agreed property transfer) is completed. Once the lump sum changes hands, there are no future installments to stop.
What If My Ex Lives with Someone but Isn’t Married?
Florida lets a court reduce or stop alimony when a recipient is in a “supportive relationship.” Cohabitation must look like marriage: shared bills, joint bank accounts, long-term residence, or presenting themselves publicly as a couple. The Florida spousal support attorneys at James Burns Law gather evidence, leases, utility records, social media posts, then file a petition under § 61.14 to end or lower payments. We caution clients not to halt payments on their own; a signed order is required because cohabitation is not automatic grounds like legal remarriage.
Can Alimony Ever Continue After Remarriage?
Exceptions are rare but possible. A marital settlement agreement can override the statute and keep alimony alive if both spouses agreed to that term, as courts honor contracts. In extreme hardship cases, a judge could order continued support, though Florida presumes termination. Finally, once alimony ends because of remarriage, it cannot restart if that new marriage later dissolves. We examine every decree so no surprise clause extends payments beyond what the law normally allows.
How to Terminate or Modify Alimony After Remarriage
1. Verify the Marriage or Cohabitation
Obtain a marriage certificate or gather supportive relationship evidence.
2. Consult an Attorney Early
Our Pensacola alimony lawyers confirm the alimony type and any agreement clauses.
3. File the Proper Petition
- Motion to Terminate Alimony for proven remarriage.
- Petition to Modify/Terminate under § 61.14 for cohabitation or major financial change.
4. Attend Mediation or Hearing
Florida favors mediation first; unresolved cases proceed to a circuit court judge.
5. Secure the Final Order Before Stopping Payments
A stamped order protects you from contempt and clarifies any overpayment credit.
Throughout, we handle filings with the First Judicial Circuit Court in Pensacola so clients avoid paperwork stress and costly errors.
Frequently Asked Questions (FAQs)
If my ex divorces their new spouse, can my alimony start again?
No. Once alimony ends because of remarriage, it cannot be reinstated.
Do I have to notify the court when my ex remarries?
It is prudent. A brief motion secures a clear termination date and stops collection.
What exactly counts as a supportive relationship?
Long-term cohabitation with financial interdependence, shared residence, bills, or accounts, may qualify.
I paid for months after the remarriage before learning about it. Can I recover that money?
Possibly. A judge can credit overpaid amounts or adjust arrears once the true remarriage date is proven.
Moving Forward with Confidence
Remarriage changes more than your personal life. It reshapes financial obligations under Florida law. Our Pensacola family law attorneys at James Burns Law stand ready to review your decree, file the right motions, and ensure alimony ends or adjusts exactly when it should.
Call us today at (850) 457-6002 or schedule your consultation online. We’ll shoulder the legal work so you can focus on your new beginning.