I have been separated from my husband for 12 years. For the past 5 years Ihave been living with someone else. This person does NOT support me and I pay my expenses, bills, etc. Their is no "comingling" of funds. My estranged husband has recently decided to stop honoring the "Separation Agreement" that we filed over 10 years ago. I have no desire to remarry, not does he. However, since he has discontinued my alimony I am financially strapped. Please advise?
Optional Information: Pensacola, FloridaAlready Tried: I have a Separation Agreement that is 10 years old. Florida does not have a "Legal" Separation so it may not hold up anymore to continue alimony. I need the income, but my estranged husband has recently stopped sending alimony because he says I am "cohabitating". However, I pay my own bills in my current situation and do NOT "comingle" funds. How do I get alimony reinstated ?
You husband may not just decide to stop payments unless there is a clause in the divorce agreement.
Spousal support (alimony) modification can be requested by filing a petition to the court.
Alimony obligations generally stop with the remarriage of the supported spouse. Other reasons that might be used to adjust or eliminate the spousal support are:
The only way you may collect the money - to sue your ex-husband for debt and obtain the judgment. Please be aware that your ex-husband would provide the court with his own arguments and will likely request the court to eliminate an alimony. So you should be well prepared.
Reply to LEV's Post: I am NOT divorced, but separated for 12 years. Florida does Not have "legal" separations, so we drafted our own 10 years ago and had it notarized. I no longer need the original child support in this agreement as the children are grown now. But I need the alimony to supplement my salary to pay basic living expenses. I live with someone but he DOES NOT support me and we do not comingle funds. In my current living situation, I pay all of my own bills and the groceries for us both. He pays rent and utilities and his own bills. I do not have a clear definition of "cohabitation" according to Florida Law? I do want a divorce, but I do need to have the "Separation Agreement" honored or modified to include ongoing alimony. I am not extravagant and am living modestly. I would like to move out of my current living situation, but cannot afford to move back into my house (now rented)and take on the additional expenses without my alimony. Also, my job requires extensive travel and I need to upgrade my car soon, but curretly cannot afford to buy one. Please advise to how the courts will view my situation and what I can do to regain my alimony?
I am NOT divorced, but separated for 12 years. Florida does Not have "legal" separations, so we drafted our own 10 years ago and had it notarized. I no longer need the original child support in this agreement as the children are grown now. But I need the alimony to supplement my salary to pay basic living expenses. I live with someone but he DOES NOT support me and we do not comingle funds. In my current living situation, I pay all of my own bills and the groceries for us both. He pays rent and utilities and his own bills. I do not have a clear definition of "cohabitation" according to Florida Law? I do not want a divorce, but I do need to have the "Separation Agreement" honored or modified to include ongoing alimony. I am not extravagant and am living modestly. I would like to move out of my current living situation, but cannot afford to move back into my house (now rented)and take on the additional expenses without my alimony. Also, my job requires extensive travel and I need to upgrade my car soon, but curretly cannot afford to buy one. Please advise to how the courts will view my situation (cohabitation?)and what I can do to regain my alimony without finalizing the divorce?39479.6627357639
I need a professional experienced in Florida Family Law. The answer given was in regards XXXXX XXXXX "Divorce" situation...not a "Separation". I am "Separated" and in a live-in situation, however, more like a "Roomate" situation, that MAY be construed as "cohabitation". I am asking what constitutes "cohabitation" in Florida and if I still have grounds to regain my alimony. I have replied twice to clarify this, with no response.
DearCustomer/p>
Expert Lev has asked me to assist you in this matter. If there is No Court Order directing the payment of the Alimony then there is not much you are going to be able to do - except file for a divorce and incorporate the alimony into the Petiton for Divorce so that he can be Court Ordered. The mere fact that you two have entered into this agreement is nothing more than a contract - you can either file for divorce or sue him for breach of contract.
If there was a Court Order, then you could hold him in Contempt of Court.
Best to you in this matter,
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