How Cohabitation Affects Alimony in Florida

Introduction

Alimony is awarded in some Florida divorces to provide financial support to a spouse after the marriage ends. However, if the receiving spouse begins living with a new partner, it can impact their eligibility to continue receiving alimony payments. Florida law allows alimony to be reduced or terminated in certain cases where the receiving spouse is cohabitating in a supportive relationship.

This guide explains how cohabitation affects alimony in Florida, what factors courts consider when determining whether alimony should be modified or terminated, and what steps paying spouses can take if they believe their ex-spouse is improperly receiving alimony.

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What Is Cohabitation in the Context of Alimony?

Cohabitation occurs when the alimony recipient lives with another person in a romantic relationship or one that provides financial support similar to a marriage. In Florida, cohabitation is legally referred to as a “supportive relationship,”which can serve as grounds for reducing or terminating alimony.

Unlike remarriage, which automatically terminates most forms of alimony, cohabitation requires the paying spouse to prove that a supportive relationship exists before alimony can be modified.

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How Florida Courts Determine a Supportive Relationship

Florida courts consider several factors when determining whether a supportive relationship exists between the alimony recipient and their new partner. Some of these factors include:

• The length of the relationship – A long-term or committed relationship is more likely to be considered supportive than a casual dating relationship.
• Living arrangements – If the couple shares a residence, the court may view their relationship as similar to a marriage.
• Financial interdependence – Courts look at whether the recipient and their partner share expenses, such as rent, utilities, or groceries.
• Joint financial accounts – Having shared bank accounts or assets may indicate a supportive relationship.
• Contributions to household expenses – If the new partner is helping pay bills or other living costs, it may reduce the need for alimony.
• Statements and behavior of the couple – If they present themselves as a married couple or publicly acknowledge their commitment, it may be considered cohabitation.

Each case is different, and courts evaluate multiple factors to determine whether the relationship justifies modifying or terminating alimony.

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Types of Alimony Affected by Cohabitation

Not all types of alimony can be modified due to cohabitation. The impact depends on the type of alimony awarded in the divorce settlement.

Types of Alimony That Can Be Reduced or Terminated

• Durational alimony – Can be modified if there is a substantial change in circumstances, including cohabitation.
• Rehabilitative alimony – Can be modified if the receiving spouse no longer needs financial support due to a new relationship.
• Bridge-the-gap alimony – May be terminated if the recipient’s financial needs have changed, but modification is generally limited.

Types of Alimony That Cannot Be Changed

• Lump sum alimony – If alimony was awarded as a one-time payment, it cannot be modified.
• Non-modifiable alimony – If the divorce agreement states that alimony is non-modifiable, cohabitation will not affect payments.

Understanding the type of alimony awarded is critical when determining whether cohabitation may lead to modification.

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How to Prove a Supportive Relationship Exists

If the paying spouse believes that the alimony recipient is cohabitating in a supportive relationship, they must provide evidence to the court. Common ways to prove cohabitation include:

• Surveillance evidence – Hiring a private investigator to document the couple’s living arrangements and daily activities.
• Financial records – Obtaining proof that the recipient and their partner share expenses or bank accounts.
• Witness testimony – Statements from neighbors, landlords, or friends who can confirm the nature of the relationship.
• Social media activity – Posts or pictures that suggest a long-term relationship and shared living situation.

Strong evidence is necessary to convince the court that the alimony recipient no longer requires financial support.

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Legal Process for Modifying or Terminating Alimony Due to Cohabitation

To modify or terminate alimony based on cohabitation, the paying spouse must file a petition for modification with the court. The process generally involves the following steps:

1. Filing a motion – The paying spouse submits a request to modify or terminate alimony based on cohabitation.
2. Gathering evidence – The petitioner must present proof of a supportive relationship.
3. Court hearing – Both parties present arguments, and a judge determines whether cohabitation justifies modifying alimony.
4. Final ruling – If the court finds that a supportive relationship exists, alimony may be reduced or terminated.

The burden of proof lies with the paying spouse, meaning they must present convincing evidence that the relationship meets the legal criteria for modification.

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Defenses Against Alimony Modification Due to Cohabitation

If an alimony recipient is accused of cohabitation and wants to prevent their payments from being reduced or terminated, they can defend against the claim by:

• Proving financial independence – Demonstrating that they do not rely on their new partner for financial support.
• Showing separate living arrangements – Providing evidence that they and their partner maintain separate residences.
• Arguing that the relationship is not long-term or committed – If the relationship is casual or temporary, it may not meet the legal standard for cohabitation.
• Providing evidence that they still require alimony – Demonstrating financial need despite being in a new relationship.

Because alimony can have a significant financial impact, both parties should be prepared with strong legal arguments when contesting a modification request.

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How a Family Law Attorney Can Help

An experienced family law attorney can assist with:

• Evaluating whether cohabitation qualifies as a supportive relationship under Florida law.
• Gathering and presenting evidence to support or challenge an alimony modification.
• Filing or defending against petitions to modify or terminate alimony.
• Negotiating settlements that account for changing financial circumstances.

At Bonderud Law, we help clients navigate Florida’s alimony laws and protect their financial interests. If you need assistance with an alimony modification case, contact us today for a free consultation.

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Conclusion

Cohabitation can impact alimony in Florida if it meets the legal standard of a supportive relationship. Courts examine financial interdependence, shared living arrangements, and the nature of the relationship to determine whether alimony should be reduced or terminated.

If you believe your former spouse is improperly receiving alimony due to cohabitation, or if you are defending against an unfair modification request, consulting with an experienced family law attorney can help protect your rights and financial future.