Payors of alimony may be able to seek an end to permanent alimony payments if their spouse is cohabitating. The Florida statute allows for the termination of payments when an ex-spouse enters into a continued, long-term relationship. The burden of proof will be on the payor to prove that their former spouse is in a supportive relationship that provides economic support equivalent to a marriage.
The statute provides certain factors to be used in determining whether a supportive relationship exists. Some of these factors are whether or not the cohabitants hold themselves out as a married couple, for example having a common mailing address or referring to each other as husband and wife; the length of time they have lived together; the extent to which they have combined their assets, for example having a joint bank account; whether or not they have made a joint purchase of real or personal property, such as purchasing a jointly titled vehicle.
If you are paying alimony and believe your ex-spouse has entered into a supportive relationship that may allow for a termination of your alimony payments, it is important to seek counsel from an experienced family law attorney. Contact our office today to schedule an initial consultation with Attorney Wade P. Luther. We can be reached by email or by calling (407) 835-9900.