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In the State of florida, after 10 years of divorce husband

 
Lady Themis's Avatar
  • Answered by:Lady Themis
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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?

 

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State/Country relating to question: Florida

Submitted: 1295 days ago.
Category: Family Law
Value: $28
Status: CLOSED

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Expert:  Lady Themis replied1295 days ago.

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.

Expert TypeLawyer
Category: Family Law
Pos. Feedback: 97.2 %
Accepts: 3144
Answered: 12/1/2009

Experience: Divorce, child custody, child support, etc.

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