After a divorce it is common and expected that the spouses will move on to new relationships. If alimony was ordered as part of the divorce, it is important to understand how that alimony may be affected by the fact that the ex-spouse receiving alimony is living with someone else.  

Unless an agreement between the ex spouses states otherwise, it may be possible to ask a Miami divorce court to modify or terminate alimony payments if the party receiving payments is living with someone in a supportive relationship.

How does a Miami family court decide if a supportive relationship exists? It looks at the following factors: 

a. The extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship.

b. The period of time that the obligee has resided with the other person in a permanent place of abode.

c. The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence.

d. The extent to which the obligee or the other person has supported the other, in whole or in part.

e. The extent to which the obligee or the other person has performed valuable services for the other.

f. The extent to which the obligee or the other person has performed valuable services for the other’s company or employer.

g. Whether the obligee and the other person have worked together to create or enhance anything of value.

h. Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.

i. Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.

j. Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support.

k. Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.

See Fla. Stat. 61.14.

Deciding whether you qualify for alimony reduction, increase or termination is a fact-specific analysis. Consult with a Miami divorce attorney to understand how you should move forward.