ALIMONY AND SUPPORTIVE RELATIONSHIPS
Faulkner Legal Group, P.A., an Orlando divorce law firm, handles a variety of divorce related issues in the Orlando, Central Florida and surrounding areas as well as the State of Florida as a whole. As an Orlando divorce lawyer, attorney David A. Faulkner represents clients with regard to modification of Florida alimony and spousal support awards based upon the alimony recipient's entry into a supportive relationship.
As specified in Section 61.14, Florida Statutes, a court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the alimony recipient and a person with whom the alimony recipient resides. On the issue of whether alimony should be reduced or terminated under this paragraph, the burden is on the obligor to prove by a preponderance of the evidence that a supportive relationship exists.
In determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship between an alimony recipient and a person who is not related by consanguinity or affinity and with whom the alimony recipient resides, the court shall elicit the nature and extent of the relationship in question. The court shall give consideration, without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of an alimony recipient to another person:
a. The extent to which the alimony recipient and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as "my husband" or "my wife," or otherwise conducting themselves in a manner that evidences a permanent supportive relationship.
b. The period of time that the alimony recipient has resided with the other person in a permanent place of abode.
c. The extent to which the alimony recipient and the other person have pooled their assets or income or otherwise exhibited financial interdependence.
d. The extent to which the alimony recipient or the other person has supported the other, in whole or in part.
e. The extent to which the alimony recipient or the other person has performed valuable services for the other.
f. The extent to which the alimony recipient or the other person has performed valuable services for the other's company or employer.
g. Whether the alimony recipient and the other person have worked together to create or enhance anything of value.
h. Whether the alimony recipient and the other person have jointly contributed to the purchase of any real or personal property.
i. Evidence in support of a claim that the alimony recipient and the other person have an express agreement regarding property sharing or support.
j. Evidence in support of a claim that the alimony recipient and the other person have an implied agreement regarding property sharing or support.
k. Whether the alimony recipient and the other person have provided support to the children of one another, regardless of any legal duty to do so.
WHERE TO GET LEGAL HELP?
If you have a an issue involving modification of a Florida alimony/spousal support award based upon the alimony recipient having entered into a supportive relationship, then contact Faulkner Legal Group, P.A. so that Orlando Divorce lawyer David A. Faulkner can inform you of your legal rights. Call today.