Codifying Cohabitation as a Ground for Modification or Termination of Alimony So What’s New?

There are laws in place that allow someone to ask for a change in alimony payments if their ex-spouse is living with someone else and they are getting financial support from that person. The court needs to make specific findings and consider the nature of the relationship before making a decision. The rules for changing alimony are similar to what they were before, but a new law adds some extra details. The burden of proof in cases of alimony and cohabitation falls on the person who pays alimony. They have to show that the ex-spouse is getting support from their new partner, or that the ex-spouse is supporting the new partner. The court will consider a lot of things in making this decision, including how the new living situation is affecting the ex-spouse’s finances and if the new partner is helping to reduce their expenses. They will also look at how much the ex-spouse is supporting the new partner, the nature of their relationship, and if the new living situation is a permanent change. F.S. §61.14(b)(2)(a) – (k) lists factors for the court to consider when determining the nature and extent of a relationship between two people. These factors include how long they have lived together, their financial dependence on each other, and whether they have supported each other or their children. Before these factors were specifically listed, a lawyer could argue these points in court, but now the law provides a clear guide. It’s important to note that Florida does not recognize “de facto marriage,” which means it does not acknowledge relationships that are similar to marriage but not legally recognized. The law in Florida treats de facto marriages and de jure marriages differently for support purposes, even though they are similar. Many courts and the governor have pointed out this unfairness and called for the legislature to address it, but the statute still doesn’t provide clear rules. Gov. Jeb Bush even said that current law may encourage ex-spouses to avoid marriage in order to keep getting alimony, which he thinks is not good for families. Gov. Bush has concerns about a new law on alimony, like how child support payments would be affected and what happens if a supportive relationship ends. He wants the legislature to address these concerns. There are also questions about whether a judge can include a provision in a divorce judgment that ends alimony if the recipient remarries or cohabitates, and how the new law applies to existing settlement agreements. The court must determine the purpose of the alimony before deciding if it can be terminated upon remarriage. When alimony is based on an agreement between the parties, the person making payments has a heavier burden. In some cases, it may be appropriate to reduce the alimony amount to a small token instead of ending it altogether. The law doesn’t specifically address these issues. Should alimony be reduced or terminated if it is found that the recipient spouse is being supported by a cohabiting partner or is diverting some of the support alimony to the new partner? What happens if the recipient spouse and the cohabiting partner stop living together after a petition for modification and/or termination is filed? These are questions that the courts are still figuring out as they interpret and implement the new laws. For now, anyone dealing with alimony should be aware of these possibilities and make sure to include them in any agreements. Basically, just living together with someone without getting married doesn’t automatically mean that alimony will stop. However, if the person receiving alimony is living with someone else and getting support from them, that can be grounds to change the alimony. It’s a complicated issue and some people think there should be specific laws about it. But ultimately, it depends on the circumstances of each case. Peter L. Gladstone and Andrea E. Goldstein are lawyers who specialize in family law. They are members of a group of lawyers who work to improve the legal system and help the public. This information is from the Family Law Section, Jorge M. Cestero, chair, and Charles F. Miller, editor.

Source: https://www.floridabar.org/the-florida-bar-journal/codifying-cohabitation-as-a-ground-for-modification-or-termination-of-alimony-so-whats-new/