When Does Cohabitation Justify Ending Alimony in Florida?

Life changes after divorce. Agreements that were put in place during the divorce can change. If you’re paying alimony to a former spouse, you may be wondering how to petition the court to reduce or terminate your alimony obligation. One argument you can raise is that your ex is in a “supportive relationship” with a new partner. If that’s the case, it can be argued that your alimony obligation should be terminated. In this article, we’ll discuss how cohabitation justifies ending alimony in Florida.

Florida’s supportive relationship rule

According to Florida Statute § 61.14, the paying spouse can seek a modification or termination of alimony payments if their former spouse is in a “supportive relationship” with a new partner. The idea behind this statute is that it would be unfair to the paying spouse if the recipient is getting support from their current relationship.

But cohabitation alone is not sufficient to warrant changing an alimony order. The courts need to examine whether such a new relationship has the same financial significance as marriage.

What factors do the courts consider?

Florida courts consider the totality of circumstances when deciding whether a supportive relationship is present. The factors taken into consideration include:

• Whether the two people live permanently together.
• The length of the relationship.
• If there is any co-mingling of the funds.
• If there is shared ownership of assets and properties.
• Whether either party supports the other financially.
• Whether the two are seen as a committed couple.

No one factor decides the result. Judges take into account all the factors and decide whether or not the existence of the relationship has decreased the alimony claim of the dependent party.

Evidence matters

Where there is a need to change alimony, it is incumbent upon the party seeking the change to prove the existence of a supportive relationship. This proof can take the form of financial statements, utility bills, lease contracts, witness testimony, social media posts, photographs, or any other documentation demonstrating that both parties share their finances.

Even if both spouses live separately, a supportive relationship can still be established in the eyes of the court.

Cohabitation does not automatically end alimony 

Under Florida law, there is no automatic cessation of alimony due to a new relationship. Rather, the paying individual has to petition for a modification. The alimony obligation will remain in effect until such an order is issued by the court.

Furthermore, not all dating relationships are necessarily “supportive” according to the statute. The courts understand that adults can date and even live together without joining resources, thereby reducing the recipient’s need.

Talk to a St. Petersburg, FL, Divorce Lawyer Today

The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents facing divorce. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin preparing your case right away.