Mark Dubose, Esq. – Is Proving Cohabitation Enough?

Attorney or practice name:

Mark Dubose, Esq.

Source of Quote(s):

Termination of Alimony in Florida- Is Proving Cohabitation Enough?

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.

 

Comments

  1. I am about to find out just how well the co-habitation provisions work. I have a considerable amount of evidence (photos, documents, State and County public records, along with her own admissions in public forums) that she not only cohabitates with this fellow and has been for 2 years in his home, after her signing her marital property over to her mother, and having his child. They present themselves to the public as a married couple. She advertises his business (he is a business owner) and regularly supports his business. Fortunately for me the amount of alimony is only $200 per month.

    I certainly think I have a considerable amount of evidence to prove my case and it should not take any clear thinking person but only a moment to reasonably conclude what is going on.

    At any rate, the motion has been filed and I am awaiting the hearing. Hopefully things go well.

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