Florida Statute §61.141(1)(b) provides a basis to modify alimony based on an alimony recipient being in “supportive relationship.” Typically, when an alimony recipient remarries, their alimony award terminates. There are some circumstances where an alimony recipient may be living with another person who is providing them financial support, but they have not married that person. An example of this might be a live-in significant other or a friend or roommate who is contributing to the finances of the household. This statute is designed to remedy the situation where a former spouse is receiving alimony and in a new supportive relationship, but not married. When considering if a “supportive relationship” exists after
divorce the court is required to consider the following factors:
• 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.
• The period of time that the obligee has resided with the other person in a permanent place of abode.
• The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence.
• The extent to which the obligee or the other person has supported the other, in whole or in part.
• The extent to which the obligee or the other person has performed valuable services for the other.
• The extent to which the obligee or the other person has performed valuable services for the other’s company or employer.
• Whether the obligee and the other person have worked together to create or enhance anything of value.
• Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.
• Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.
• Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support.
• Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.
If you are paying alimony and believe that the recipient former spouse may be in a supportive relationship, contact the family law attorneys at Givens Law Group to advise you on how this statute may affect your case.