Can You Stop Paying Alimony When Your Ex Enters a New Relationship?
It is a common situation men and women experience after divorce: you are scrolling through social media one day when you see your ex posting pictures of someone new. Maybe they are on vacation, or they spent the holidays together. Who is this person? And are they “just a friend” or much more?
Many people are eager to get back into the dating pool after divorce. However, starting a new relationship can impact an existing alimony award in Florida. If you are hoping to modify or cut off alimony altogether, now might be the right time to ask a judge for a modification. You can point to your ex’s new relationship, which might be grounds for terminating an alimony obligation.
Has Your Ex Entered a “Supportive Relationship?”
Florida law states that a court may reduce or terminate alimony when the recipient is in a “supportive relationship” with someone. The most common supportive relationship is a new romantic relationship where your ex has moved in with a new partner.
If you are paying alimony, you can petition the court to modify or terminate that obligation. You have the burden of proving the existence of the supportive relationship. You also need to show that the relationship has existed for a significant period of time..
Ideally, your ex would fess up and admit to starting a new romantic relationship, but that does not always happen. Indeed, many alimony recipients are eager to keep receiving payments, new relationship or not.
A judge will look at many factors to see if a supportive relationship exists:
- Living together
- Buying property or renting together
- Sharing bank accounts
- Contributing to household expenses
- Publicly presenting themselves as a couple
When a person receiving alimony marries, an existing alimony obligation automatically terminates. But that is not the case if they only entered a supportive relationship.
First, the person seeking to modify alimony needs to file a supplemental petition for modification of the alimony award with the court. You will need to continue to pay alimony as ordered until a judge modifies it. And remember to pay: unilaterally deciding to stop paying will only result in alimony obligations piling up.
Second, the recipient spouse can argue that they should continue to receive the alimony award. For example, they might argue that there is a continuing financial need. Perhaps the new relationship has not improved their financial condition.
Reach Out to a Miami Alimony Lawyer
Will you need to hire a private investigator to make your case? Maybe not. Quite a bit of information might already be public, such as information on social media profiles, public property records, witnesses, and even admissions. Our legal team can rely on all of this information to convince a judge that your ex is in a supportive relationship.
Contact Hamilton O’Neill for assistance with modification of alimony. Our firm understands the law and what evidence judges in Florida find compelling. You can learn more by calling one of our Miami alimony lawyers at our firm.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.14.html