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When Can Alimony Be Modified Or Terminated?

October 28, 2015 by  
Filed under Uncategorized

 

 

 

Florida Statute 61.14 relates to the modification and termination of alimony.  It provides that when the circumstances or the financial ability of either party change or the child who is a beneficiary of an agreement or court order reaches majority after the execution of the agreement or the rendition of the order alimony can be modified.  The statute also provides that alimony can be reduced or terminate upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee reside.

In determining whether alimony should be reduced or terminated because of an alleged supportive relationship between the former spouse receiving alimony and a person who is not related by consanguinity or affinity and with whom the obligee resides, the court shall elicit the nature and extent of the relationship in question. The court shall give consideration, without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of an obligee to another person:

 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.

 b.       The period of time that the obligee has resided with the other person in a permanent place of abode.

 c.       The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence.

 d.       The extent to which the obligee or the other person has supported the other, in whole or in part.

 e.       The extent to which the obligee or the other person has performed valuable services for the other.

 f.       The extent to which the obligee or the other person has performed valuable services for the other’s company or employer.

 g.       Whether the obligee and the other person have worked together to create or enhance anything of value.

 h.    Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.

 i.     Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.

 j.     Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support.

 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.

 Alimony does not just end when a spouse receiving it cohabits with someone.  Cohabitation alone is not enough to terminate an alimony obligation.

 If you need to talk to a lawyer or attorney about alimony, modification of alimony, or termination of alimony, because of a change in financial circumstances since an agreement, order, or judgment was entered or because of a new supportive relationship please contact our offices to schedule a consultation on (786) 539-4935.

 

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.