A common misconception that many in Florida often have about divorce cases is that people will typically do anything to avoid an alimony obligation. Yet that is often not the case; indeed, many past clients here at Mandell Law have had no issue offering their ex-spouses a degree of financial support while those exes work to attain their marital standard of living without them.
What those same clients do not want, however, is for their ex-spouses to take advantage of them. In most cases, an alimony obligation ends when either the party receiving it secures gainful employment or remarries. Some may think that should they avoid the latter case, their ex-spouses remain obligated to keep paying them.
Avoiding marriage to remain eligible for alimony
Lawmakers, however, do not want people taking advantage of the benefit of alimony. Such action may create the impression that alimony is a punitive action rather than simply a temporary source of financial relief. Thus, statutes exist that allow alimony to end when one avoids remarrying for this express purpose.
Proving the existence of a supportive relationship
However, the burden of proving that an alimony recipient falls to the one obligated to pay it. They must show that their ex-spouse entered into a supportive relationship. According to Section 61.14 of the Florida state statutes, elements the court considers when determining this include:
- The extent to which a couple intermingles their finances
- Whether a romantic partner agrees to support the others’ dependents
- If a couple collaborates on significant purchases (such as a home or a vehicle)
In general, should an alimony recipient present themselves as the spouse of a new romantic partner in any way, then that may provide the proof their ex-spouse needs to end their obligation.