Can an ex-husband take his ex-wife back to court toend alimony payments,if the ex-wifemoves in with someone?

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Can an ex-husband take his ex-wife back to court toend alimony payments,if the ex-wifemoves in with someone?

My girlfriend’s best friend is paralyzed from the waist down. She was divorced 8 years ago and awarded alimony of $231 until she passed away or remarries. Recently she met a nice man, fell in love and moved in with him. Now her ex-husband is threatening to take her back to court to remove the alimony. He claims he can no longer afford to pay even though he makes 90K a year and he has expensive cars. Can he get the alimony removed from a paralyzed woman?

Asked on July 9, 2011 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fact is that "co-habitation" can be used as a reason to reduce or eliminate alimony payments. The reasoning is that alimony goes to pay for living expenses. But if the spouse who is receiving alimony co-habituates, the person they are living with will also be paying for some, or even all, of these living expenses. Therefore the co-habituating spouse needs less, possibly nothing at all, insofar as continuing alimony payments are concerned. Although co-habitation is not marriage, FL will not let someone co-habituating use the lack of a marriage certificate to keep receiving payments that they may no longer need. 

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Actually, yes this can be done. The fact is that "co-habitation" can be used as a reason to reduce or eliminate alimony payments. The reasoning is that alimony goes to pay for living expenses. But if the spouse who is receiving alimony co-habituates, the person they are living with will also be paying for some, or even all, of these living expenses. Therefore the co-habituating spouse needs less, possibly nothing at all, insofar as continuing alimony payments are concerned. Although co-habitation is not marriage, FL will not let someone co-habituating use the lack of a marriage certificate to keep receiving payments that they may no longer need. 


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