Can My Alimony Be Revoked if I Move in with a New Partner?

Alimony, also known as spousal support, is available to either spouse in just about every divorce in Florida. According to Fla. Stat. Sec. 61.08(1), “In a proceeding for dissolution of marriage, the court may grant alimony to either party.” Alimony is awarded “If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance” (Fla. Stat. Sec. 61.08(2)). However, the right to alimony isn’t automatic, and you can lose your alimony award under certain circumstances. One of those circumstances is when you either remarry or move in with a new partner. However, it’s more complicated than simply moving in with someone new. The payer of alimony must also prove that you’re in a “supportive relationship” with the new partner. The loss of alimony is automatic if you remarry.

Cohabitation as the basis for modifying or terminating alimony

 Florida law allows a payer of alimony to modify their payments if the alimony-receiving former spouse is cohabiting with someone new. However, the Florida courts don’t rely strictly on cohabitation to determine whether the alimony-receiving spouse should continue to receive alimony. Florida law requires that there be a “supportive relationship” between the alimony-receiving ex-spouse and their new partner.

Under Fla. Stat. Sec. 61.14(1)(b): “The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides.”

The burden of proof is on the individual who pays alimony to prove that a supportive relationship exists between the alimony-receiving spouse and the individual they live with. According to Fla. Stat. Sec. 61.14(1)(b): “On the issue of whether alimony should be reduced or terminated under this paragraph, the burden is on the obligor to prove by a preponderance of the evidence that a supportive relationship exists.”

A preponderance of the evidence means that it is more likely than not. The alimony-paying ex-spouse will need to establish that their former partner is both cohabiting with a new partner and that there exists a supportive relationship between them. The same is not true if the alimony-receiving ex-spouse remarries. In that case, alimony rights would automatically terminate.

Proving a supportive relationship exists requires evidence such as:

• Photos of a car outside the house every night
• Credit card receipts showing expenses that have been paid
• The testimony of the new partner

Talk to a Tampa, FL, Divorce Lawyer Today 

Westchase Law, P.A. represents the interests of divorcing couples in Tampa, FL. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your hopes and concerns right away.