What Disqualifies You From Getting Alimony

Florida’s alimony laws set clear requirements and limitations on when a spouse can receive support after divorce. While courts have discretion in awarding alimony, several legal factors can disqualify a spouse from receiving alimony or significantly reduce their eligibility. These include absolute bars (situations where alimony is essentially prohibited) as well as circumstances that weigh heavily against an award.

1. Remarriage of the Recipient Spouse

If the spouse receiving alimony gets remarried, their right to ongoing payments typically ends as a matter of law. The logic is straightforward: a new marriage presumably provides financial support from the new partner, making alimony from the former spouse unnecessary.

Florida statute recognizes this by terminating certain alimony awards upon the recipient’s remarriage. For example, bridge-the-gap alimony (a short-term transitional support) is explicitly required to end when the recipient remarries.

Likewise, permanent periodic alimony, historically paid until the recipient’s death or remarriage as per Florida Statute 61.08, is ordinarily cut off by the remarriage, absent an agreement stating otherwise (although permanent alimony has changed recently).

2. Cohabitation in a Supportive Relationship

Even without a formal remarriage, entering a new supportive cohabiting relationship can disqualify a person from receiving alimony. Florida law recognizes that when an alimony recipient is living with someone in a marriage-like, financially supportive arrangement, continued alimony may no longer be justified.

Under Florida Statutes §61.14, courts are empowered to reduce or terminate alimony if the payor shows the recipient is in a “supportive relationship” with another person (who is not a blood relative). This prevents an unfair scenario where a recipient effectively has a new partner contributing to their expenses while still drawing support from the ex-spouse.

Florida courts will look at many factors to determine if a supportive relationship exists, such as how long the couple has cohabited, whether they pool finances or jointly purchase property, and whether they present themselves as a married couple. If evidence shows the live-in partner provides economic support comparable to a spouse, the court can “completely terminate” the alimony obligation.

3. Waiver of Alimony in a Prenuptial or Postnuptial Agreement

Contractual waivers can disqualify a spouse from alimony if they’ve signed away that right in a valid agreement. Florida courts generally enforce prenuptial or postnuptial agreements where a spouse expressly waives alimony, viewing them as binding contracts – as long as they were executed voluntarily and fairly.

For example, spouses may agree before marriage that neither will seek alimony if they divorce, and Florida law will honor such provisions in most cases. Likewise, a divorce settlement can include a clause that one spouse gives up any future alimony, which the courts will enforce according to its terms.

However, there are important nuances. It’s against public policy to leave a spouse destitute during litigation, so any prenup clause saying “no temporary support” is invalid​. But waivers of permanent, durational, or rehabilitative alimony are generally permissible. The Florida Supreme Court has long permitted alimony waivers in prenuptial agreements, with the caveat that the agreement must not be unconscionable or reached through fraud or duress (in which case a court could set it aside). In practice, this means if both parties knew what they were doing and made full financial disclosure, a waiver of alimony will likely stick.​

The result of a valid waiver is an absolute bar: the spouse who agreed cannot later receive alimony, even if they end up in financial need. All types of post-divorce alimony can be waived by agreement (except temporary support during proceedings), so a spouse who contractually released those rights is disqualified from alimony.

4. Short Duration of the Marriage

Florida law establishes presumptions based on marriage length. Historically, a “short-term” marriage (under Florida’s prior statute) meant less than 7 years, and there was a rebuttable presumption against awarding permanent alimony for such unions.

Florida’s recent alimony reform has made the marriage-duration threshold even more strict. As of 2023, a marriage of under 3 years makes a spouse ineligible for alimony at all​.

In other words, Florida now imposes an absolute bar on alimony for marriages that lasted less than three years. This is a statutory recognition that extremely short marriages shouldn’t give rise to ongoing financial obligations. In the new framework, what used to be considered a short-term marriage has been redefined (the law now classifies short-term as up to 10 years, moderate-term 10 to 20 years, and long-term over 20 years) – and it flatly states that if you were married for <3 years, no alimony can be awarded.

Generally speaking, the shorter the marriage, the lower the chance of any alimony – and under three years, the door to alimony is effectively shut in Florida.

5. Lack of Need or Ability to Pay (Self-Sufficiency of Spouse)

Florida law requires a spouse to prove both a need for alimony and the other spouse’s ability to pay before support is granted. If the requesting spouse is financially self-sufficient, whether through income, assets received in the divorce, or other means—they do not qualify for alimony.

Similarly, if the paying spouse lacks the means to provide support without suffering undue hardship, the court cannot order alimony, even if the recipient has some financial need.

For example, a spouse earning a stable income or receiving substantial assets in the divorce may be deemed capable of supporting themselves, making alimony unnecessary.

Conversely, if the potential payor is financially strained—due to debt, medical issues, or limited income—the court may find they lack the ability to pay, effectively disqualifying the recipient.

Florida courts may also impute income when a spouse is voluntarily unemployed or underemployed, meaning they will be treated as if they are earning what they should be making based on their skills and experience (see #6 below).

6. Voluntary Unemployment or Income Suppression by the Recipient

Florida courts do not award alimony to a spouse who is capable of working but chooses not to. If a recipient is voluntarily unemployed or underemployed, the court may impute income, meaning they will be treated as if they are earning what they reasonably could based on their education, skills, and job market opportunities.

This prevents a spouse from manufacturing financial need to qualify for alimony. For example, if a spouse quits their job right before divorce or refuses to seek employment despite being able-bodied and qualified, the court will assume they still have earning potential. The burden of proof falls on the paying spouse to show that the recipient is deliberately suppressing income.

Ultimately, Florida law ensures that alimony is based on real financial need-not a refusal to work. If the court finds a spouse is capable of self-support but is avoiding work, their alimony claim will likely be reduced or denied.

Do Any Apply to Your Situation?

Each type of alimony – whether bridge-the-gap, rehabilitative, durational, or (historically) permanent – may be impacted differently by these factors, but the overarching theme is consistent: alimony is a need-based equitable remedy, not an entitlement. If you have alimony questions, give In Law We Trust a call.