Naples alimony lawyer Russell Knight (https://divorceattorneynaplesfl.com/cohabitation-and-alimony-in-florida/) of The Law Office of Russell Knight has recently released an insightful article on the subject of cohabitation and alimony in Florida. The article provides valuable information on how cohabitation impacts alimony payments and the legal procedures surrounding these issues in the state of Florida.
In the first few paragraphs of the article, Naples alimony lawyer Russell Knight highlights the fact that alimony is awarded in a Florida divorce if the court finds that one party has a need for alimony and the other party has the ability to pay. The article goes on to explain that if the ex-spouse receiving alimony moves in with a boyfriend, girlfriend, or gets remarried, the presumption might be that the new partner is now supporting the ex-spouse, and the old ex-spouse should be relieved of their obligation to pay alimony. However, this is not the case under Florida law.
According to Naples alimony lawyer Russell Knight, “Cohabitation is a basis for modifying alimony after a Florida divorce.” He adds that the burden to prove a supportive relationship rests with the person trying to reduce or terminate alimony (the alimony payor). The article further elaborates on the factors a court can consider when determining if a supportive relationship exists and the different steps a court must take to modify alimony based on cohabitation.
The article also discusses the concept of proving a supportive relationship and the potential defenses that can be used by the alimony-receiving spouse. For instance, they may argue that the new partner does not really help the alimony-receiving spouse that much. However, Knight notes that the law in Florida does not consistently require the payee ex-spouse to prove they need alimony after a supportive relationship is proven.
The importance of clear contractual terms in alimony agreements is also emphasized in the article. Parties can agree on specific terms upon which alimony will reduce or cease, making the process more straightforward for everyone involved. Additionally, the article clarifies that any motion to modify alimony is only retroactive to the date of filing, but if the parties contracted in their marital settlement agreement for alimony to end upon cohabitation, the alimony ends upon cohabitation, not upon the filing date.
To better understand the complexities of cohabitation and alimony in Florida, consider reading the article by Naples alimony lawyer Russell Knight. The detailed analysis and legal insights provided can be invaluable for individuals facing these issues during a divorce or post-divorce.
About The Law Office of Russell Knight:
The Law Office of Russell Knight is a family law firm based in Naples, Florida, dedicated to helping clients navigate the complexities of divorce, child custody, and other family law issues. With a team of experienced attorneys, the firm offers personalized and compassionate legal representation to ensure that clients achieve the best possible outcomes for their cases.
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