It is not uncommon for a Florida divorce settlement to include some form of alimony or spousal support paid by one spouse to another. In such agreements, the individual paying alimony may stipulate that the alimony would terminate if the spouse receiving alimony enters into a supportive relationship with another partner. The Third District Court of Appeal recently heard a case involving the termination of alimony when a former wife decided to cohabitate with another man. The former husband petitioned the court to end alimony payments to the wife. The court granted the husband’s petition and the wife appealed the judgment.
The appeal
On appeal, the court reversed the trial court’s ruling based on provisions found under Section 61.14(1)(b). In the process, the court clarified the mixed standard of review for section 61.14(1)(b). When a supportive relationship is established, the trial court’s decision to reduce or terminate alimony is subject to an abuse of discretion review.
In determining whether an existing award of alimony should be terminated or reduced, the court will elicit the nature and the extent of the relationship in question. Circumstances that could give rise to the court’s decision to end alimony include:
- The extent to which the individual receiving alimony and the person with whom they cohabitate hold themselves up as a married couple. Evidence could include using the same last name, using a common mailing address, referring to each other as husband and wife, or otherwise conducting themselves in a manner that shows evidence of a permanent supportive relationship.
- The amount of time that the individual receiving alimony has lived with another partner
- The extent to which the individual receiving alimony has pooled their assets with another partner
- The extent to which the new partner has supported the individual receiving alimony in whole or in part
- The extent to which the new partner has provided valuable services to the individual receiving alimony or their company or employer
- Whether the individual receiving alimony and the other partner worked together to create or enhance anything of value
- Whether the individual receiving alimony and the other partner purchased real estate together
- Whether there is evidence to support a claim that the individual receiving alimony and the other partner have an express or implied agreement regarding property sharing or support
- Whether the individual receiving alimony and the other partner have provided support to the children
In the case mentioned above, the appeals court critiqued the decision of the trial court to terminate alimony on the grounds that it did not consider relevant economic factors under Section 61.08 which covers the award of alimony in Florida.
Talk to a Tampa, FL Alimony Lawyer Today
If you are trying to get your alimony payments reduced or terminated based on your former partner cohabiting with a new partner, the Tampa family lawyers at Westchase Law, P.A. can help you file a motion to reduce or terminate alimony. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.