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Lady Themis
Lady Themis, Lawyer
Category: Family Law
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Experience:  Divorce, child custody, child support, etc.
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In the State of florida, after 10 years of divorce husband

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In the State of florida, after 10 years of divorce husband takes wife back to court to eliminate alimoney payments. The original divorce aggerment said that all payments would be terminated if wife cohabitated with someone more than 30 days. Would this also apply if wife does not live with someone, however does have sex with the same person more than the 30 days, would this also be considered cohabitation? And justifi the loss of alimoney payments?

Thank you for your question.


No, this would not constitute cohabitation. The court can only reduce or terminate alimony based on cohabitation if a supportive relationship is found in which the payee and another person reside together. The burden is on the payor to establish this relationship by a preponderance of the evidence.

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