Jacksonville Fathers’ Rights Attorney

Cohabitation Lawyer in Jacksonville, Florida

In 2005, Florida amended its guidelines regarding the termination of alimony after a highly publicized Florida case in which a Florida man took his case to a Florida judge and requested to cease paying his $5,000 monthly alimony payment when his ex-wife remarried. Even though she went through all the motions and celebrations of a wedding, she and her new partner did not get a marriage license and were never legally married, as they wanted to continue to receive the court-ordered support. As a “legal” wedding never took place, the judge had no authority to rule in favor of the termination of alimony.

The Florida legislature quickly took steps to ensure that the appropriate statute was amended. The amended Florida Statute 61.14 provided for a termination of alimony (“spousal support”) when the recipient began cohabitating with another, and had a “supportive relationship” with that person, regardless of gender. If you wish to terminate alimony payments because your ex-spouse is now cohabitating with another, you must prove “through a preponderance of evidence” that a supportive relationship exists between your ex and the other person. Providing such evidence and proof requires legal assistance from a skilled and knowledgeable lawyer. Jacksonville fathers’ rights attorney Scott R. Ellerin has the experience necessary to help resolve the matter, and ensure the rights of his male clients are fully protected.

Jacksonville Fathers’ Rights Attorney: Grounds for Determination of a “Supportive Relationship”

Many factors are considered when determining the validity of cohabitation and the existence of a supportive relationship.  For example, the couple acting as if they are married, using a common last name or sharing the same mailing address, or referring to the other person as “my wife” or “my husband.” Additional factors may include:

• The duration of cohabitation at a permanent address.
• To what extent their income or assets have been shared, indicating financial interdependence.
• The amount of support either receives from the other.
• Any joint purchases of real estate or personal property.
• Any support either has given to the child or children of the other.

Based on the revised statute, even a platonic relationship involving cohabitation may be viewed as a supportive relationship; there is no requirement to prove a conjugal relationship and gender has no bearing on the case. An experienced cohabitation lawyer in Jacksonville can help sort through the complex issues involved in filing for a termination of alimony due to cohabitation.

If you are seeking termination of alimony due to cohabitation, contact Jacksonville fathers’ rights attorney Scott R. Ellerin today!