Alimony and Cohabitation

Florida Governor Bush signed into law a new provision that may affect alimony for thousands of people.  The new law allows payers of alimony to go back to court and show their ex-spouse is living with and receiving support from another person.  This other person typically is a boyfriend or a girlfriend. 

Important things to note about the new law:

- The payer of alimony must go back to court - they cannot stop paying on their own

- The law requires the payer to prove the situation by a "preponderance of the evidence"   This means the payer must bring proof to court - not just words of accusation.

Text of New Law

 (b)1.  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. 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.

       2.  In determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship between an obligee and a person who is not related by consanguinity or affinity and with whom the obligee resides, the court shall elicit the nature and extent of the relationship in question. The court shall give consideration, without limitation, to circumstances,

*** A Note from Divorce Attorney Howard Iken - "This is not a slam dunk.  This new law is mostly untested and divorce - trial - court judges do not have a lot of guidance from the higher courts.  Terminating alimony under this new law is an expensive and risky proposition."

 

Divorce can be the single most important event in your life.  Make sure you gather lots of information so you can make informed decisions.  Many people can benefit from the advice of a good, honest, loyal divorce attorney.  The Divorce Center can provide a divorce attorney that can help you protect yourself.  A lawyer is not an expense in a divorce case - they are an investment. We help clients in Hernando County, Pasco County, Pinellas County, and Hillsborough County. Our service area includes Tampa, Clearwater, Largo, New Port Richey, Brooksville, Dade City, and the New Tampa area. CONTACT US NOW or call 888-469-3486

    

Office Locations
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