Non Modifiable Durational Alimony In Divorce Agreement Does Not Terminate On Remarriage

In Dills v. Perez, the Florida 5th District Court of Appeals found the trial court had committed reversible error where it terminated the Former Husband’s alimony obligation on remarriage of the Former Wife.

While Florida Statute Section 61.08(7) mandates that an award of durational alimony terminates on death or remarriage of the party receiving alimony, in this case the parties’ Marital Settlement Agreement stated that durational alimony that would be non-modifiable for 48 months and the Former Wife remarried within the 48 month period. The Appellate Court recognized that the parties had agreed to relief beyond what the statute would have otherwise provided for but it was permissible and binding for the parties to do so.

As the parties had specifically included the language that the durational alimony would be non-modifiable during the the 48 Month period the 5th District Court of Appeals reversed the lower Court decision allowing for the termination of the alimony obligation. Had the parties not included such language the alimony obligation would have terminated upon remarriage as per the statute.

If you are going through a divorce, considering a settlement, or facing modification of alimony it is important you understand your legal rights and the intricacies of your situation so contact us for a consultation to discuss the circumstances of your case.

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