Florida Cohabitation Statutes
Before 2005, Cohabitation Statutes in Florida were more challenging to end alimony payment obligations in Sarasota, FL. Under the old statutes, remarriage could be used as a means of termination, so many spouses would live with their new partner instead of remarrying. In 2005, the statutes were changed so that if a spouse receiving alimony payments was living in a supportive relationship with another person, the alimony payments could be terminated. One condition is that the paying spouse is responsible for proving that the receiving spouse is in such a relationship.
The courts have criteria to determine whether the cohabitation relationship is supportive.
Included are the time the two people have been living together and the extent to which the couple (if it is a couple) has acted as though they are married. In addition, the extent to which the two people have combined their finances, including income and assets, is considered. The final criteria are the amount of support the people in the relationship have given each other, the length of time that support has been given, and whether there is support for the other person’s children.
This issue is complex. The number of factors the Court shall consider, the amount of evidence that needs to be gathered and presented, and the burden of proof on the paying spouse make this matter more complicated. The defense against or claim for a basis for termination alimony due to a “supportive relationship” usually results in an evidentiary hearing before a judge. Therefore, to ensure that your rights are protected to the utmost, you need the help of an experienced lawyer.
The Shades of Gray in Alimony
It is important to remember that there are many shades of gray regarding alimony. Whether you think your alimony payments should be terminated or your ex-spouse is attempting to terminate your payments, Heather Byrd is an experienced cohabitation attorney experienced in handling these types of cases and reaching the best possible outcome for her clients. Her ability to find the all the pertinent evidence and bring it together in a manner that will be most effective when presented in Sarasota court will ensure you have the best possible outcome in your cohabitation case. Call Heather Byrd today and learn what an experienced Sarasota family law attorney can do for you.