Full question:
If wife is cohabitating with a man, receives alimony from husband, and not divorced, is husband required to support wife?
- Category: Divorce
- Subcategory: Spousal Support
- Date:
- State: Florida
Answer:
Generally, alimony needs to be ordered by the court to be legally enforceable. A contractual agrement is a separation agreement may also be made. However, the court may modify the alimony agreement between the parties in the final divorce decree. The court may also order that one spouse support the other during the pendancy of the divorce action and/or after the divorce has become final. Support awarded before the final decree of divorce is not to extend beyond the period of time necessary for the finalization of the divorce action.
The court may consider the adultery of either spouse and the surrounding circumstances in determining the amount of alimony, if any, to be awarded. In determining a proper award of alimony or maintenance, the court will consider all relevant factors necessary to acheive fairness and justice between the parties. If a spouse is cohabiting with another who is providing financial support, that may be a factor in awarding or reducing alimony previously awarded. A motion to modify an award of alimony made be made if there has been a significant change in circumstances since the alimony order was made. Cohabitation with another person who is providing financial support may be a change in circumstances that would justify a modification. It will be a matter of subjective determination for the court, taking all the facts and circumstances into account.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
