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Proving Cohabitation To Reduce Or Terminate Alimony


The truth is that alimony can be a major financial obligation. Even if the amount ordered by the court appears reasonable during a divorce, changes that occur over time could make paying alimony a challenge. Other changes can make it seem like an ex-spouse is undeserving of the support. If you are the paying spouse and have, for example, experienced a significant change in your financial circumstances, you are likely having a hard time making payments. Or perhaps your former spouse is cohabiting with another person. In such a case, you may feel cheated out of your money. You may feel as though your ex-spouse is undeserving of alimony. If you have experienced a significant change in your financial circumstances, you have the right to request the court to modify alimony. If your loved one is living with another person who is perhaps a new lover, you may also be eligible for an alimony modification.

Below is a look at how cohabitation affects alimony and how you can prove cohabitation to reduce or terminate alimony in Florida.

How Does Cohabitation Affect Alimony in Florida?

According to Florida law, if a person receiving alimony payments gets into a supportive relationship with a person they live with, it may warrant a reduction or cessation of alimony. However, for alimony to be reduced or terminated, the obligor (the party making alimony payments) must prove by a preponderance of the evidence that the obligee (the party receiving alimony) is in a supportive relationship with another person they live with.

How To Prove Cohabitation Constitutes a Supportive Relationship

So, how do you prove cohabitation constitutes a supportive relationship in Florida? Courts consider several factors when analyzing whether cohabitation constitutes a supportive relationship. The following are some of the factors the courts consider;

  • The amount of time the two have been living together
  • The degree to which the two have combined their assets or pay or exhibited financial interdependence
  • Whether the two have worked together to generate or improve anything of value
  • Whether the two have jointly bought a real or personal property
  • Whether the two have supported each other’s children
  • The extent to which the two have performed valuable services for one another

To prove cohabitation constitutes a supportive relationship, you will need to prove that some of these factors or others not mentioned here are present. The following is some of the evidence that can help you prove cohabitation constitutes a supportive relationship;

  • Social media posts that show your former spouse and the person they live with buy assets together
  • Statements from your child that your ex-spouse and their partner share parental responsibilities
  • Bill statements showing your ex-spouse is sharing bills with their partner
  • Pictures or written correspondence showing your former spouse and their partner make major decisions together

An experienced attorney can help you gather evidence that can help you prove your ex-spouse is in a supportive relationship with another spouse. An attorney can help you present persuasive arguments to the court. It is wise that you reach out to an attorney for help.

Contact an Orlando Alimony Lawyer

A qualified Orlando alimony lawyer at the Arwani Law Firm can help you prove your former spouse is in a supportive relationship with someone else. Contact us today to schedule a consultation.

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At the Arwani Law Firm, our Orlando divorce lawyers will work together to get you the best possible outcome in your case, while treating you with the utmost respect and compassion. When you meet with us, you’ll see we love what we do, and you’ll feel that enthusiasm as we work through your legal matter.

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