Florida’s Cohabitation Statute: The Revolution That Wasn’t

In 2005, a new law about alimony modification generated a lot of interest. People were worried about how it would affect their support payments. The law allows alimony to be changed if the person receiving it is in a supportive relationship similar to a marriage. This relationship has to have a financial impact, not just be romantic. Since the law was passed, there have been cases that show how it works. Before the new law, alimony could only be terminated if someone died or the receiving spouse remarried. This led to frustration when the receiving spouse lived with someone and still got alimony. The new law was meant to address this issue. So far, there have been four court decisions on how the law should be applied when someone is in a supportive relationship. These cases are still shaping the law. In the case Donoff v. Donoff, the Fourth District court approved a decrease in alimony payments because the ex-wife was in a supportive relationship. However, they ruled that the trial court didn’t decrease the amount enough. The court made a mistake by not considering the ex-wife’s need for alimony in their decision. The Fourth District Court of Appeals ruled that all relevant economic factors must be considered when modifying alimony in divorce cases. They also explained that the burden of proof shifts to the receiving spouse if they are being supported by a cohabiting partner. In one case, the court found that a former wife with substantial resources and income from her partner may not have a real need for alimony. In another case, the court reduced a former husband’s alimony obligation to just $1 per year because his ex-wife was financially supported by her fiancé. In the Buxton v. Buxton case, the Second District court overturned the trial court’s decision because they didn’t think the facts supported the ruling. The case is important because it shows how the appeals court can disagree with the trial court based on the facts of the case. A man and woman were in a long-term relationship and lived together in the woman’s house. They shared expenses and lived like a married couple. The woman’s ex-husband wanted to reduce or stop alimony payments because of this relationship. The court said that the relationship was supportive and that alimony could be reduced or stopped. The court also said that the woman’s financial needs should still be considered when making this decision. In family law, the courts have clarified that just proving a supportive relationship doesn’t automatically change alimony. The recipient’s actual needs must also decrease. As more cases come up, we may see more disputes over how prior settlement agreements apply to the new law. Overall, while there have been some changes, it’s not a big revolution yet. In Florida, there are specific laws about marriage and alimony. The law does not recognize common law or de facto marriages, meaning couples must get a marriage license to be legally married. There are also rules about reducing or ending alimony payments, based on whether a supportive relationship exists. This column is written by a lawyer who specializes in family law, and it’s meant to educate people about these legal issues.

Source: https://www.floridabar.org/the-florida-bar-journal/floridas-cohabitation-statute-the-revolution-that-wasnt/