Divorce Attorney Scott J. Stadler

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Cohabitation – How Does It Effect Alimony?

Effective July 1, 2010 an award of permanent periodic alimony may be modified or terminated upon the existence of a financially supportive relationship.

If the court determines that a companion contributes financially and reduces the living expenses of the person that receives alimony, the court has the authority to reduce that person’s award of alimony, and can even terminate alimony altogether.

Florida statute 61.14 requires that the court consider the following factors in determining whether to reduce or terminate alimony:

  1. (a) The extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship.
  2. (b) The period of time that the obligee has resided with the other person in a permanent place of abode.
  3. (c) The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence.
  4. (d) The extent to which the obligee or the other person has supported the other, in whole or in part.
  5. (e) The extent to which the obligee or the other person has performed valuable services for the other.
  6. (f) The extent to which the obligee or the other person has performed valuable services for the other’s company or employer.
  7. (g) Whether the obligee and the other person have worked together to create or enhance anything of value.
  8. (h) Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.
  9. (i) Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.
  10. (j) Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support.
  11. (k) Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.

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