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?
State/Country relating to question: Florida
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.
Divorce, child custody, child support, etc.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).