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  #1  
Old 01-15-2004, 06:36 PM
kevsgirl7562
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Can I remarry and still receive alimony?


What is the name of your state? Florida

When I divorced in 2002 I chose to take "temporary alimony" for 3 years instead of permanent alimony because I planned on remarrying someday. I have now become engaged and want to know if I can still receive alimony even if I remarry. The marital settlement agreement says nothing about remarriage. It states that I am to receive alimony for 36 months. Ex-husband recently took me to court to reduce alimony by 50% but he lost because my alimony is listed as a "property right" and can't be modified. Can I remarry and continue getting alimony?
  #2  
Old 01-15-2004, 07:14 PM
hexeliebe
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If your divorce decree does not specifically state that alimony shall end on the remarriage, there is nothing in Florida law to restrict the payment of alimony even if you do get remarried.

Also, Florida has no such thing as 'Temporary Alimony'. Florida has rehabilitative or permanent alimony; neither is defined by statute. Fla. Stat. ß61.08

In a divorce, Courts have the discretion to award rehabilitative alimony as opposed to permanent alimony. This alimony is for a specific period sufficient to allow the receiving party to finish their education or advance in the job market to the point that they can make a reasonable living and be self sufficient.

"Kristensen v. Kristensen (433 So.2d 598 Fla. 5th DCA 1983) …"In awarding rehabilitative alimony, there must be a specific finding by the trial court regarding the need for rehabilitation and a plan to do so. Rehabilitative alimony is from a financially able former spouse to a financially needy former spouse to assist the needy spouse in adjusting to a new life and to aid in obtaining new skills, education, and/or other rehabilitation. "

So, unless a Florida attorney tells you different or your divorce decree specifically states alimony ends upon remarriage, say "I Do" and then Do it
  #3  
Old 01-17-2004, 10:01 PM
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So you want to get married and be supported by your new husband and still want to receive money from your ex? Are you disabled or in some other way unable to work?
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  #4  
Old 01-18-2004, 01:28 PM
kevsgirl7562
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No, I am not disabled or unable to work. I lived with this man for 22 years and was told what to do and when to do it for most of those years. He makes well over 100K and I'm a school teacher making 26K. I have student loans that I need to repay. I supported him during his military career (LTC) and never worked so that I could take care of daughter and do the "officer wife" thing. Once our daughter entered high school, I went back to school and took out a student loan for the last bit of my education. He remarried about 6 months after we divorced and has gloated that I can't remarry until my alimony is up. He recently took me to court to reduce alimony by 50% because I'm now making enough money as a school teacher, so he says. He lost because he can't modify a "property right" and he also had to pay my $1,000 attorney fees for taking me to court. Basically, I feel that I deserve the money for sacrificing all those years to move every two years with him and leave my family. He never emotionally supported me and I'm now in a very healthy, loving relationship and I want to get married, not in 1 1/2 years but now. This is the reason for my asking the question.
  #5  
Old 05-15-2004, 04:50 PM
Slash-5
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YOU chose to take out a school loan.

YOU received an education.

YOU want to be remarried.

Let the past lie. Move on with your life, get married and let this go. If you are going to start over, start over fresh (in every way). Sounds to me like you are allowing him to control you even now.
  #6  
Old 05-15-2004, 04:56 PM
krispenstpeter
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Slash why in the HELL are you reviving a long-dead thread?

geez man, get a clue
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