It is not uncommon in Florida divorce actions for one party to agree to pay the other alimony. Such payments may be conditional, however. For example, a support agreement may stipulate that if the party receiving alimony enters into a supportive relationship, there may be grounds for terminating alimony. The court must conduct a certain analysis, however, to determine whether a party is in a supportive relationship, as explained in a recent Florida divorce ruling. If you want to end your marriage, it is in your best interest to talk to a Miami divorce attorney about how the decision may impact you financially.
Factual and Procedural Background
It is reported that the parties married in 1995 and ended their marriage in 2013 via a final judgment of dissolution of marriage. The judgment incorporated a Mediated Settlement Agreement (MSA) that mandated the husband’s payment of specified durational alimony to the wife until June 2023. Paragraph 12(d) of the MSA allowed modification or termination of alimony if the wife entered a “supportive relationship” or cohabitated, as defined by Florida Statutes.
Allegedly, in April 2021, the husband filed a petition to modify or terminate alimony, citing paragraph 12(d) and alleging that the wife had a supportive relationship with a man. An evidentiary hearing ensued, after which the trial court terminated the wife’s alimony. The wife then appealed. Continue reading ›