Will I Lose My Alimony If I Cohabitate with Someone in the Orlando, Florida Area?
- December 9, 2016
- ontarget
- Family Law
- 0 Comments
Most Dissolution of Marriage Final Judgments or Marital Settlement Agreements have a paragraph that states that alimony terminates when the spouse dies, or remarriage. Other Dissolution of Marriage Final Judgments or Marital Settlement Agreements have a paragraph that states that alimony terminates when the spouse dies, remarriages or is in a supportive relationship.
What is a Supportive Relationship? Florida Statute 61.14(1)(b):
- States that a court may reduce or terminate an award of alimony upon specific written findings by the court that since granting of a divorce and award of alimony a supportive relationship has existed between the obligee and a person with the obligee resides. On the issue of whether alimony should be reduced or terminated, the burden is the on the obligor to prove by a preponderance of the evidence that a supportive relationship exists.
- States that in determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship between the obligee and person who is not related by consanguinity or affinity and with whom the oblige resides, the court shall elicit the nature and extent of the relationship in question. The court shall consider without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of an obligee and another person:
- The extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences permanent supportive relationship.
- The period of time that the obligee has resided with the other person in a permanent abode.
- The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence.
- The extent to which the obligee or the other person has supported the other, in whole or in part.
- The extent to which the obligee or the other person has performed valuable services for the other.
- The extent to which the obligee or the other person has performed valuable services for the other’s company or employer.
- Whether the obligee and other person have worked together to create or enhance anything of value.
- Whether the obligee and other person have jointly contributed to the purchase of any real or personal property.
- Evidence in support that the obligee and other person have an express agreement regarding property sharing or support.
- Evidence in support of a claim that the obligee and other person have an implied agreement regarding property sharing or support.
- Whether the obligee and other person have provided support to the children of one another, regardless of any legal duty to do so.
If you have more questions regarding a Supportive Relationship in Florida in regards to the termination or modification of alimony in Orlando, you may contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at 407-732-7620 to set an initial consultation.
This article is for informational purposes only. It does not form an attorney client privilege.