Addressing alimony dishonesty with the court

Many Florida residents are required to pay spousal support to former husbands or wives. While very few people enjoy the practice of handing over a portion of their income, most accept the fact that the payments must be made. There are certain cases, however, in which the recipients of alimony have acted in dishonest manners and violated court orders pertaining to spousal support. In such cases, the spouses making the payments can reapproach the court to ask for modifications or terminations.

In most divorce settlements there are stipulations pertaining to the conditions under which alimony may be ceased. One of the most common is when the receiving party remarries. At that time, he or she waves the right to continue receiving spousal support.

The problem arises when spouses no longer communicate after their divorce, and the receiving party remarries without notifying his or her former spouse. Such an action can mean months or even years of continued alimony payments, even when those payments are no longer required. Once the paying party realizes that the recipient has remarried, it is possible to go back to court and have the payments ceased.

It should be noted that even after a case has been filed, the payments should continue in order to avoid violating the existing divorce agreement. If it can be proved that the recipient has in fact remarried, a Florida court is very likely to call a stop to any future alimony payments. It is also possible for the paying spouse to pursue restitution for all payments made after the recipient remarried.

Source:, “Divorce 101: Ex took alimony for years after remarrying“, Gerald Nissenbaum, Oct. 23, 2016

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