Answers to Your Pressing Questions on Alimony, Supportive Relationships, and Retirement

Navigating the legalities of spousal support in South Florida can be tricky. Let’s take a look at two questions many of our clients ask:

My ex-spouse moved in with their new significant other. Do I still have to pay alimony?

Florida law allows (but does not require) judges to modify your alimony obligations if your ex is involved in a supportive relationship. You (the alimony payor) will need to prove to the court that your ex is in such a relationship. Some of the factors that the court will consider are:

• “The extent to which the obligee and the other person have held themselves out as a married couple…
• The period of time that the obligee has resided with the other person…
• The extent to which the obligee and the other person have pooled their assets…
• Whether the obligee and the other person have worked together to create or enhance anything of value.
• Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.
•  Whether the obligee and the other person have provided support to the children of one another…”[1]

To be successful in proving the relationship exists, typically, your ex must have lived with their new partner for one year prior to your request to modify their alimony payment. If you are able to prove that a supportive relationship exists, then, if your ex contests the request to reduce their alimony, they will need to prove why the alimony should not be modified.

I’m hoping to retire in the next few years but I won’t be able to if I have to keep paying alimony. Can I stop paying alimony when I retire?

Florida law allows the court to reduce or terminate alimony payments at retirement. Some of the factors that the court will consider are:

• The age of the payor, their health, and the customary retirement age in their industry
• The needs of the alimony recipient and their capacity to work
• The assets and economic situation of both spouses during and after the marriage
• If either you or your spouse were responsible for the wasteful depletion of assets during your marriage or divorce process
• How well you have been complying with your alimony payments since your divorce

You will need to file for an alimony modification six months before your planned retirement date. Similar to the situation with supportive relationships, if you are able to prove that paying alimony during retirement will be a financial burden, your ex will then need to prove why the court should not reduce or terminate your level of alimony.

If you are thinking about retirement or have an ex-spouse that is involved in a supportive relationship and want to learn more about your rights regarding alimony, contact Troy Legal for a free initial consultation.

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[1] The Florida Senate. Chapter 61 Section 14 – 2021 Florida Statutes – The Florida Senate. Accessed July 9, 2025.