Spousal support and cohabitation in a Florida divorce case

On Behalf of | May 31, 2022 | Florida Family Law

You’ve worked hard to build your career, increase your income, and secure your assets. But now your financial growth is being hindered by an existing spousal support order.

We know the challenges one of these orders can bring, especially when they last over a significant period. And we understand that the order may feel unfair, especially as your former spouse starts to get back on his or her feet or enters a new relationship.

Modifying spousal support based on cohabitation

But if you suspect that your former spouse is now living with someone else, then you might have a justifiable reason to seek a reduced alimony order or to request that spousal support payments stop altogether. To successfully do so, though, you’ll have to show that your former spouse is receiving financial support from the person with whom he or she is living.

Proving cohabitation and financial support

There are several ways that you can go about addressing this issue, but you’ll want to focus on addressing the following matters:

  • How the couple holds themselves out to the public, as presenting as something akin to a married couple is much more likely to demonstrate to the court that a supportive relationship exists.
  • The length of time that your former spouse and the other individual have lived together.
  • Whether the couple has been pooling their assets together, such as by using a joint bank account.
  • Whether the couple is splitting expenses such as rent or mortgage payments and utilities.

How a legal ally can help you

Determining the facts surrounding your former spouse’s cohabitation can be tricky. But an attorney may be able to help you subpoena the records that you need to gain a clearer picture of the situation. Then, once you’re fully informed, a legal professional can help you craft the arguments that you need on your side to best position you for success.

If that sounds like the kind of assistance that you want, then please consider reaching out to a family law attorney of your choosing to discuss the matter further.