Attorney or practice name:
Mark Dubose, Esq.
Source of Quote(s):
The short answer is, no. Florida’s courts have recently held that proving that a former spouse is cohabitating and engaged in a supportive relationship is not enough to require the termination of alimony. Instead, proof of the former spouse engaging in a supportive relationship only makes termination of alimony permissible if the former spouse no longer has need for alimony due to the supportive relationship.
This holding represents a large step back in the evolution of Florida’s alimony laws. By this holding the courts have made it clear that Florida’s laws have not yet caught up with the now popular belief that alimony, in its traditional sense where a Former Husband must just support his Former Wife for the rest of her life if they divorce, is a concept whose time has passed. It appears that, unless the Florida Supreme Court reverses this most recent holding, the modernization of Florida’s alimony laws will have to await further action by the legislature.