Do You Lose Your Florida Alimony When You Move In With Someone?
Posted By Posted by O. Kim Byrd on Mar 4, 2011 1:55am PST || Mar 4, 2011
I moved in with my new boyfriend six months ago. Can the alimony I got in my Florida divorce be reduced or terminated? Will I have to repay my ex-husband back for the alimony he paid me during that time?
The family law statutes provide that Florida alimony can reduced or terminated based on a new "supportive relationship." Your Tampa divorce attorney can explain to you the criteria a court would consider in determining whether your new relationship qualifies as a "supportive relationship.'
If you and your ex signed a marital settlement agreement that includes a cohabitation clause, your alimony can be terminated when you move in with your new boyfriend or girlfriend. At least one court has held that a cohabitation clause which allows for the termination of alimony for cohabitation can be applied retroactively and require repayment of the alimony received since the beginning of the cohabitation.
An expert St. Petersburg divorce attorney will tell you that if you move in with a new boyfriend or girlfriend any alimony you receive from your ex-spouse can be reduced or terminated based on this new supportive relationship. If your marital settlement agreement includes a cohabitation clause, your alimony can be terminated and you may have to pay your ex-spouse back for any alimony they paid you while you were cohabitating with your new significant other.