Proving your ex-spouse is in a supportive relationship

On Behalf of | Jul 6, 2018 | Firm News, Florida Family Law |

Many in Hernando County might view you having to pay alimony to your ex-spouse as some form of punishment. Yet you may be fine with paying it provided that it helps him or her remain financially stable. Plus, you understand that if and when he or she remarries, your obligation will end. Yet what if he or she enters into a relationship yet fails to remarry just so he or she can keep receiving alimony? Such a scenario has faced many of those that we here at The Day Law Office have worked with in the past. 

If you are concerned that your ex-spouse is looking to take advantage of a perceived loophole that forces you to keep paying alimony, not to worry; the law does indeed offer you the chance to prove such an intent. Section 61.14(b) of the Florida state statutes shows that your spousal support obligation can indeed be terminated if your ex-spouse enters into a “supportive relationship” with another, yet does not remarry. Factors considered when defining a relationship as “supportive” include: 

  • The amount of time your ex-spouse and his or her new partner have lived together
  • The extent to which they have presented themselves to others as spouses 
  • The extent to which they have pooled their financial resources
  • Whether they have purchased any property together
  • Whether they have worked together to create or enhance anything of value
  • The extent to which they have supported each other’s children (absent a legal obligation to do so)

The burden of proof rests on you to show that your ex-spouse is indeed in a supportive relationship. The testimony of people with whom they regularly associate might bolster your argument in such a case. You can learn more about the extent of your spousal support obligation by continuing to explore our site.