Termination of Alimony: Supportive Relationships in Florida

If you saw our blog on alimony, then you know that there are many different moving parts when it comes to figuring out whether it should be awarded and, if so, how it should be done. Did you know, however, that alimony can be completely terminated if someone can prove that the recipient is in a supportive relationship?

When alimony is awarded, there are two sides to it: the person who pays the money, known as the obliger, and the person who receives the payment, referred to as the obligee. If the obligee is engaged in a supportive relationship, the obliger can petition the court to reduce or terminate the current alimony arrangement. An alleged supportive relationship can only be between an obligee and a person who is not related by consanguinity or affinity, meaning a relationship by blood or marriage.

It is important to note that a supportive relationship is not necessarily a remarriage or a new romantic relationship. The term “supportive relationship” simply refers to economic support that is functionally equivalent to a marriage. A supportive relationship can be conjugal in nature but is not required to be.

To prove that a supportive relationship exists, the obliger has the burden to prove by a preponderance of the evidence that this claim is indeed true. “Preponderance of the evidence” is a rather low burden of proof, only requiring that the judge is convinced that there is a greater than 50% chance that the claim is true.

Under Florida statute 61.14, there are exactly 11 elements that the court must consider when determining the validity of the obliger’s claims. It is important to know that some of these factors may be relevant, and the judge is free to consider other elements not included in the list. Here are the factors that the statute lays out:

1. The extent to which the obligee and other person have held themselves as a married couple (examples include sharing the same last name, using a common mailing address, referring to each other as “my husband” or “my wife,” or otherwise conducting themselves in a way indicating a permanent supportive relationship).
2. The period of time that the obligee has resided with the other person in a permanent location.
3. The extent to which the obligee and other person have shown financial interdependence (such as pooling assets or income).
4. The extent to which the obligee and other person have supported the other.
5. The extent to which the obligee and other person have performed valuable services for each other.
6. The extent to which the obligee and other person have performed valuable services for the other’s company or employer.
7. The extent to which the obligee and other person have worked together to create or enhance anything of value.
8. Whether the obligee and other person have jointly contributed to the purchase of any real or personal property.
9. Evidence is support of a claim that the obligee and other person have an express agreement regarding property sharing or support.
10. Evidence in support of a claim that the obligee and other person have an implied agreement regarding property sharing or support.
11. Whether the obligee and other person have provided support to the children of one another, regardless of any legal duty to do so.

If the obliger can provide evidence for any of these circumstances, including circumstances that may not be included in the statute, the court may conclude that a supportive relationship exists and decide to reduce or even terminate the existing alimony arrangement.

Whether you are an obliger or obligee in an alimony arrangement, you will need an experienced family law attorney who can examine the facts of your case and fight for what you deserve.

Call Hendry & Parker, P.A. at (727) 205-5555 or visit our office in Dunedin today for a free consultation.