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  1. #1
    smd5651 is offline Junior Member
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    Nov 2008
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    Unhappy What is cohabitation?

    I know there is a new cohabitation law. I receive alimonyicon in the state of Florida, and my sister moved from Illinois when she had a heart attack and then a stroke. She needed help, and I was there for her. Since she moved in with me she has had three hip surgeries, and several seizures. She is on anti-sizure meds, cannot drive, and has impairment on her left side. My husband is taking me back to Court for Alimony modificationicon stating that her income is supportive to me and he wants to cut my Alimony way back. I thought the law was for couples who were intimate, etc......and just wanted to play being married and still get their alimony checks. Where do I stand on this?
    Does having your sister live with her constitute cohabitation or make her a supportive role with finances?

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    I do not believe that situation is what the co-habitation statute intends to cover. Also, there has been recent case law defining the situation as an "equitable marriage" meaning a de-facto marriage.

    I don't think you have anything to worry about. But you should still have a sharp attorney because this is a cutting edge area of Florida law.

    Attorney Howard Ikenicon
    Family Law Attorneys in Tampa Bay

  3. #3
    Join Date
    Jan 2009
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    Default alimony & cohabitation

    The ex wife has some male living with her but you know they cover things up so you can't prove he pays for a thing at her house but yet he stays there every night and in the divorce papers it just states she is not to cohabitate with an unrelated member of the opposite sex what would you suggest doing. I am going to have they boys testify he lived there til she was served papers on the cohabitation. I hired a PI and every single time he did survellience he was there. He even got him coming out with a cup of coffee and of course the guy said he does not live there. He never had an overnight bag showing he was coming and going so apparently he kept clothes there. Well, the boys will testify to this and the ex wife said he kept clothes in a closet and a drawer. She made some space for him. He counsleot advised her to have him move out or she could have a lawsuit against her but she didn't do anythign about it til she was served papers. He stayed about 2 or 3 more nights and then he hasn't stayed anymore. They have tried to get me fired from my job by sending anonymous letters to my company. It is interesting I have never had a complaint on me at my job but since she has been served I have had 3 from anonymous people. All the letters have the same size font, format, etc and I know she did it because she has sent me letters the same format, font etc. I am just wanting to know why have a law about cohabitating when they cover up the financial end becuase her counselor told me to do the math, that is why they woudl not marry. 2500.00 is great money for her when she works part time and has a nursing degree and I don't have a degree. Let me know what your thoughts are on this or how I should handle this. Thanks in advance!!

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