How Cohabitation with a New Partner Can End Your Alimony Payments in Florida
Are you receiving alimony after a Florida divorce and thinking about moving in with a new partner? Or are you the one paying alimony and wondering whether your former spouse’s living situation could affect what you owe? Either way, Florida law has something important to say about cohabitation, and it’s worth understanding before you make any decisions.
Florida’s Alimony Statute and Cohabitation
Florida law recognizes that alimony is designed to address financial need, not to create an indefinite source of income for a former spouse who has moved on to a new, financially supportive relationship. Under Florida Statute § 61.14(1)(b), a court has the authority to reduce or terminate an alimony obligation when the person receiving alimony is living in a “supportive relationship” with another person.
This was a significant shift from earlier Florida law, which allowed alimony modification primarily when there was a substantial change in financial circumstances, or when the receiving spouse remarried. The legislature recognized that simply not remarrying should not allow someone to continue collecting alimony indefinitely while living like a married couple with a new partner.
What Makes a Relationship “Supportive”?
Here is where things get nuanced. Simply sharing an address with a new romantic partner is not automatically enough to end alimony under Florida Statute § 61.14(1)(b)(2). The court looks at a range of factors to determine whether the relationship is truly supportive in nature, including:
- Whether the two people present themselves publicly as a couple or as if they were married
- How long they have lived together
- Whether they share finances, support one another financially, or contribute to each other’s expenses
- Whether they have purchased property together
- Whether one person performs services for the other’s household or business
The burden falls on the person paying alimony to prove, through a preponderance of the evidence, that a supportive relationship exists. This is not always easy to demonstrate, and courts look at the totality of the circumstances rather than any single factor.
What Happens If a Supportive Relationship Is Found?
If the court determines that a supportive relationship does exist, it then has discretion to either reduce or terminate the alimony obligation. Termination is not automatic, even when cohabitation is established. The court weighs the extent of the support being provided by the new partner and what effect that has on the alimony recipient’s financial need.
It is also worth noting that if the cohabiting couple stops living together after a petition to modify alimony has been filed, that does not necessarily end the matter. Courts have addressed this situation in various ways, and the outcome can depend on whether the cohabitation ended genuinely or strategically.
Protect Your Interests on Either Side of This Issue
Whether you are paying alimony and believe your former spouse has entered a supportive relationship, or you are receiving alimony and are unsure how a new living arrangement might affect your payments, having the right information matters.
At Schwartz | White, our Boca Raton alimony attorneys can help you understand your rights, evaluate your situation, and pursue the appropriate legal steps. Contact Schwartz | White today to speak with our team and schedule a confidential consultation.
Source:
flsenate.gov/Laws/Statutes/2023/61.14
