Does alimony have to be paid if the payor is unemployed?

In Florida, the answer to the question of whether alimony must be paid if the payor is unemployed depends on the specific alimony arrangement. For permanent periodic alimony, the court has the discretion to modify or terminate the alimony payment if the payor becomes unemployed. However, if the payor becomes voluntarily unemployed or is unemployed due to their own fault, then the court can require that the alimony be paid during the unemployment period. Furthermore, the court may also require the payor to seek employment or to make other efforts to become financially secure again. For rehabilitative alimony, the court typically requires that the payor pay the alimony payments as part of an agreement that the receiving spouse will receive assistance to become self-supporting. If the paying spouse becomes unemployed during the plan period, the rehabilitative alimony obligation may still be in effect, though the court may have some options to modify the payments to reflect the payor’s new financial situation. In cases where the alimony was agreed to in a marital settlement agreement or stipulated to in an alimony agreement, the terms of the agreement will determine whether the payor must continue to pay alimony if they become unemployed. The agreement may require the payment of alimony even if the paying spouse is unemployed, so it is important to review the agreement to ensure that all parties understand their rights and obligations.

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