One of the questions we are often asked is whether or not an individual can get an alimony agreement terminated based on the fact that his or her ex-spouse is permanently living with another person. It is an established fact that when an ex-spouse remarries, the paying spouse can have the alimony terminated. Under state law, if an ex-spouse is living with another individual and that individual is contributing to his or her expenses, you may also be able to alter, reduce or terminate your alimony agreement. Before a judge will even consider the idea of altering or terminating alimony you will need to show clear evidence that your ex-spouse is in a "supportive relationship." In these types of cases the court will consider the following factors:
- whether your ex-spouse and the other person living at the residence are in a permanent relationship;
- if the two have been acting as a married couple, for example, they have been using the same last name, are using the same mailing address or are referring to each other as husband and wife;
- how long the two have been living together;
- whether or not there is evidence of mutual support for each other's children;
- if they have either combined their financial assets and income, or there is other evidence to show a mutual financial dependence;
- whether they have bought property together, and
- if the two parties have jointly contributed to increasing the value of their property.
If you believe that your former spouse is supported by another person, although unmarried, it may be possible reduce or terminate your alimony payments based on the fact that your ex-spouse is in an economically-supportive relationship, we advise you consult with our Orlando family lawyer. Do not sign any agreements or speak to your ex-spouse about the matter, call our firm. Over the past 20 years we have helped countless individuals successfully resolve their alimony issues. We understand situations in life can change, and we are well aware of the strain that ongoing alimony payments can have on your finances, particularly when your former spouse now lives with another partner. We know the laws pertaining to divorce and alimony payments and will be your most valuable asset when working to terminate your alimony. If your ex-spouse is in a supportive relationship there is no reason you should have to keep paying the price. Contact us at Richard A. Heller, P.A. and schedule a free consultation to discuss your situation and review the legal options available to you.