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What is a Supportive Relationship in the Orlando, Florida Area

Florida Statute 61.14 deals with a Supportive Relationship. There were revisions by the Legislature to Florida Statute 61.14 this year that became effective in July 2023. The law now requires the court to reduce or terminate alimony upon the court finding of a Supportive Relationship. 

The statute defines the Supportive Relationship as a relationship where the spouse receiving alimony resides with a person who is not related to the spouse receiving the alimony by consanguinity or affinity. The Court must make written findings of the facts in determining the nature of the relationship between the spouse receiving alimony and the other person.  

The spouse paying alimony must show by a preponderance of evidence that a Supportive Relationship exists or existed in the 365 days prior to filing of a petition for dissolution, separate maintenance, or modification. If the Supportive Relationship is proven to exist or if to have existed, the burden shifts to the spouse receiving alimony to prove by a preponderance of the evidence that the court should not deny or reduce an initial award or reduce or terminate an existing award. 

How to Prove a Supportive Relationship Exists

In modifying support based upon a Supportive Relationship, the court must consider and make written findings of fact regarding all relevant factors in Florida Statute 61.08(3) and the factors in Florida Statute 61.14 (1)(a) (b) 2a through 2j. 

The court examines the extent the person receiving alimony and the other person held themselves out as married; the period of time they have lived together; extent they pooled their assets; how they have financially supported each other; whether they performed valuable services for each other; how they have provided valuable services for the other’s business entity or employer; to the extent they have worked together to acquire assets or enhance assets; whether they have jointly contributed to the purchase of real estate or personal property; whether there is an expressed or implied agreement regarding property sharing or support; whether the payor spouse that pays alimony has paid it of failed to pay it and the arrearage of the alimony; whether the spouse receiving alimony and the other person have supported children of the other regardless of legal duty to do that. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.