Jacksonville Cohabitation & Alimony Attorney
If you can prove that the former spouse that you are paying alimony has started cohabitating with another person and that a "supportive relationship" exists, you might be able to have your alimony payments reduced or eliminated. For more information, keep reading or call the Jacksonville Cohabitation & Alimony Lawyer
Whats New:
requires Flash
Quick Facts:
Filing Fees - $409 Duval County - slightly more or less in other counties
Service of Process - $30
Updated: September 2, 2011
Cohabitation Fact #1
The burden is on the party trying to stop the alimony obligation to show that the other party is in a "supportive relationship." It is possible that a person receiving alimony could be living with another person and not be in a supportive relationship.
Cohabitation Fact #2
The alimony statute does not require that the "supportive relationship" be a sexual relationship. As a result, the supportive relationship could be parent/child living arrangement.
Cohabitation #3
Not all of the main factors listed to the right need to exist for there to be a supportive relationship.
How can a Jacksonville Cohabitation & Alimony Attorney Help Me?
In 2005, the Florida Statutes were revised to make it easier to terminate an alimony obligation. Under the old law, an alimony obligation could be terminated if the receiving spouse remarried. Many receiving spouse got around this rule (and continued to receive alimony) by simply living with their new love interest.
The revised statute allow for the termination of alimony when the paying spouse can prove that the reveiving spouse is "cohabitating' and that a "supportive relationship" exists. The burden is on the paying spouse to prove this situation.
The revised statute sets forth various factors for the court to weigh in making a determination of whether a "supportive relationship" exists. The main factors are:
1. the length of time of the cohabitation,
2. the extent to which assets or income have been pooled or combined,
3. the extent to which they have acted as a married couple,
4. the extent to which either party gets support from the other (and for how long), and
5. the extent to which they have supported the children of the other.
It is important to note that the statute does not require that there be a sexual relationship for their to be a "supportive relationship." In theory, a receiving spouse could be in a supportive relationship with his/her parents or adult children!
Obviously, these are complicated issues. Please consider calling an experienced Jacksonville cohabitation - alimony lawyer for more information.
If you found the information on this site helpful, please click on the +1 button below so that others can find helpful information about a Jacksonville Cohabitation & Alimony Attorney.
