Full question:
My ex-wife has been living with er boyfriend for almost two years and both work for his small plumbing company. She also is engaged and uses his last name on advertisements for his business. In Florida , there is a cohabitation law. Can i petition the court to terminate the alimony?
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Florida
Answer:
A divorce court can modify its alimony orders if there is a significant change in circumstances. In Florida, cohabitation with another person can be a valid reason to seek a modification of alimony. If your ex-wife is living with her boyfriend and using his last name in business advertisements, this may indicate a change in her financial situation.
To petition for a modification, you must demonstrate that there has been a change in circumstances. Factors that the court considers include:
- An increase or decrease in either spouse's income
- Changes in living expenses
- The recipient's cohabitation with another person
- The supporting spouse's ability to maintain the recipient's standard of living
As the petitioner, you bear the burden of proof, meaning you must provide a complete financial disclosure to the court. If both parties agree to the modification, a judge can approve it without a trial. Otherwise, legal counsel may be necessary if the case goes to trial.
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.