Legal Question in Family Law in Florida

Cohabitation in FL

I got divorced in October 2008. I am paying $3,000 in alimony and the MSA clearly states that if my ex-wife cohabits with another man the alimony payments will stop. I found out that she has moved in with her new boyfriend and not even notified me. Do I have to go back to court to stop paying alimony? or do I just stop paying it because it is stated in the MSA? I need an answer to this ASAP. Please help!


Asked on 7/08/09, 11:17 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Cohabitation in FL

Most lawyers would advise you to stop the payments now and start putting the money into a savings account and to file your lawsuit for termination of alimony. If you win your lawsuit, you've got a little extra savings. If you lose your lawsuit (because she gets away with saying, "We're just roommates," or some other lying nonsense), you won't go to jail because you'll be able to immediately give her the back money owed.

By the way, there is also a statute that allows you to stop paying alimony if she's living in a "financially supportive, cohabitating" relationship, so you ca rely on both the statute and your MSA when you file your lawsuit to terminate alimony.

Another thing: get a lawyer. We've very good at beating the "roommate" defense because we've developed a series of methods of proving when someone is and when someone isn't just a roommate. You'd be surprised.

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Answered on 7/09/09, 12:41 pm


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