Cohabitation as a Basis to Reduce and/or Terminate Alimony

In 2005, Florida law was amended to provide guidelines for reducing or terminating alimony where it is proven that the recipient of alimony is cohabitating with another person in a supportive relationship. This law was enacted after a highly publicized case where a Florida woman who was receiving alimony remarried in a wedding celebration, but did not get a marriage license and therefore was never legally married. Apparently, she wanted to continue to receive her $5,000 per month in alimony. Her former husband took her back to court to terminate his alimony obligation. Because a legal wedding had not taken place, the judge had no authority to order the termination of alimony. Hence, the Florida legislature quickly amended the law to give judges the authority to reduce or terminate alimony where the recipient is “cohabitating” with another person.

There are important things to note about the law: (1) the payor must go back to court to terminate alimony, as the payor cannot stop paying without a court order; (2) there must be a “supportive relationship” between the alimony recipient and the person he/she is living with; and (3) the payor has the burden of proving cohabitation along with a supportive relationship.

The law requires that the court consider the following factors to determine whether the former spouse is cohabitating in a supportive relationship:

• Whether the alimony recipient and other person have held themselves out as a married couple by engaging in conduct such as using the same last names, referring to each other as “my husband” or “my wife” or otherwise conducting themselves in a manner that indicates a stable marriage-like relationship.

• The duration of cohabitation at a permanent address.

• The extent to which the alimony recipient and other person have combined their assets or income, indicating financial interdependence.

• The amount of support either person receives from the other.

• Whether there are any joint purchases of real estate or personal property.

• The extent to which the alimony recipient or other person has performed valuable services for the other, including the other’s company and/or employer.

• Whether the alimony recipient and the other person have worked together to create or enhance anything of value.

• Evidence of an express or implied agreement regarding property sharing or support.

• Whether either person has supported the child or children of the other.

Lastly, the law does not require proof of a conjugal relationship. Gender has no bearing as to whether or not cohabitation exists in a supportive relationship. Accordingly, the law can apply to even platonic relationships.