Alimony and cohabitation in Florida


The Florida Legislature recognized that cohabitation and supportive relationships can result in the same sort of situation for the modification of alimony as remarriage or a job change. ... Otherwise, a court may find that a “supportive relationship” exists and may either lower or even terminate alimony


Attorney Tom Olsen: Sandra, you're on News 96.5. Go ahead.

Sandra: Hi, thank you for taking my call. I was divorced in 2012, I was awarded permanent periodic alimony of $1,200 a month. However, it does state that if I should cohabitate as recognized under Florida law, a husband's alimony will terminate. I guess you can figure out, I am contemplating cohabitation with a person of the opposite sex.

Attorney Tom Olsen: Well, that doesn't surprise me that your divorce order contains that, because historically, it would've said if Sandra remarries, an alimony will finish, and of course, then Sandra doesn't want to get remarried, she just wants to live with somebody and the alimony continues. What is a little bit confusing me out Sandra is it says should cohabitate pursuant to Florida statute or something like that, what was that language?

Sandra: As recognized under Florida law.

Attorney Tom Olsen: That part, I don't know what that means. I don't know if there is a definition of cohabitation under Florida law, but I think it's pretty clear Sandra that if you two are living together and you both change your driver's license to one address, it's pretty clear that your cohabitating, Sandra.