Over a decade ago, the alimony statutes in Florida underwent a revision to make it easier to terminate an alimony obligation when the receiving spouse was living with another person.
Remarriage of the receiving spouse was the main triggering event that would terminate an alimony obligation. This rule was often circumvented when receiving spouses simply lived with their new partner rather than marrying them.
The new statute enables the paying spouse to seek a Court order than would terminate their alimony payments if that spouse can prove that the receiving spouse is cohabitating with someone and that a “supportive relationship” exists. The paying spouse has the burden of proof to show that these requirements have been met.
Various factors are set forth in the new law that the Court must consider when deciding whether a supportive relationship exists or not:
- The degree to which income or assets have been combined or pooled,
- The degree to which the couple has acted as if they were a married couple
- The length of time that the couple has lived together
- The degree to which either person receives support from the other (along with the duration of this support),
- The degree to which either or both persons have supported the other’s children.
Clearly, these are complex issues with far reaching implications for both former spouses. Please contact an experienced Orlando alimony and cohabitation lawyer for more information.