Can I stop paying alimony in Florida now that my former spouse is cohabitating with someone?
This question cannot be given a simple yes or no answer because there is a ground for modifying alimony based on the receiver’s entering into a supportive relationship but this does not mean that the court will terminate alimony all together. Section 61.14 of the Florida Statutes entitled “enforcement and modification of support,” outlines the factors that a court will look to for modifying a support agreement. This section allows for a person that is paying alimony to petition the court to revise the alimony payments due to the fact that their ex-spouse is now in a supportive relationship; therefore, the need for the payer to continue to make payments is unnecessary or should be reduced because of the support given by this third party. In evaluating if a supportive relationship exists the court will examine the nature and extent of the relationship. There are also 11 circumstances that the court will consider in evaluating the alleged supportive relationship. These circumstances range from the whether the couple holds themselves as married by an engagement to whether they provide support to each other’s children. Additionally, the section notes that it is not a requirement that the alleged supportive relationship be formalized by a marriage license. The section recognizes that relationships exist that provide economic support equivalent to a marriage and that alimony should be terminable due to such a relationship. Remarriage is always a situation in which alimony would be terminable.
Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (305) 222-7351 or send us an email to schedule a consultation.
When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.
The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.