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Terminate Durational Alimony due to remarriage

Boca Raton, FL |

I am required to pay durational alimony for 48 months. After the first 11 months my ex remarried. The attorney I hired has been unsuccessful in getting an order to terminate. Is this a simple matter? I have a certified copy of the marriage license in the county I have made motions. I am wondering if the attorney is competent and perhaps malpractice may exist. I have been paying through an IDO for the entire time and it is $1300 per month. There is no mention of alimony survival following remarriage or termination as I was told it is Florida Statue and unnecessary language.

The original motion that was filed was for termination of alimony and fees. My ex filed pro se at a final judgement hearing that the agreement was "poorly written" and alimony was understood to survive a remarriage (which of course is untrue). My impression is that my attorney should have set a hearing date to have a judge or magistrate review the pleadings and order the alimony terminated and modify the IDO to only include child support.

Attorney Answers 2

  1. I am not cerain what type of motions your attorney has filed, but it would need to be a motion to terminate durational alimony based on remarriage. The kink is probably the IDO and you can ask your attorney what the status of your case is and if you could have copies of every motion and denial. I am also linking you below to the statute that includes the durational alimony provision. Note that it can be terminated by death or remarriage, but if you want to modify it, then you can only money the amount, not the number of months. So it's important to move for termination, not modification.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Leonore M. Greller, Esq. is a Supreme Court Certified Civil Circuit and Family Mediator and a Qualified Residential Mortgage Foreclosure Mediator and Arbitrator.

  2. I too don't see what the problem would be. This should be a straight forward issue. Not sure what you mean by having your "marriage license". That would not be needed. Perhaps you mean Final Judgment. The order to terminate should also include language that vacates the IDO, meaning extinguishes the IDO. I would have to see what was filed, your final judgment to understand what the problem is.

    This answer does not establish an attorney client relationship. Only those persons who have signed a retainer agreement and paid a retainer have established an attorney client relationship with me and my firm.

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