Florida law permits parties to seek alimony in divorce actions. The courts will only grant alimony if they deem it necessary under the circumstances. In other words, the courts must typically find that the divorce will cause a party to suffer financial hardship in order to grant them alimony. Thus, if circumstances change, it may warrant a reduction or elimination of an alimony award, like when a party receives financial support from someone with whom they are romantically involved. Recently, a Florida court discussed what constitutes a supportive relationship in a matter in which it reversed a trial court ruling denying a husband’s request to modify alimony. If you need assistance protecting your interests in a divorce action, it is smart to meet with a Miami divorce attorney as soon as possible.
The History of the Case
It is reported that the husband and wife married in 1975; 20 years later, they divorced. Pursuant to the final judgment of dissolution, the husband was required to make permanent alimony payments to the wife on a weekly basis. The husband petitioned the court for an alimony modification in 2020, arguing that the wife was in a supportive relationship and no longer required alimony.
Allegedly, the trial court held a bench trial on the petition. During the trial, evidence was produced showing that the wife had been living with her boyfriend for fourteen years and had jointly purchased a home with him. Although they did not share bank accounts, they did share expenses. The trial court still found that the wife was not in a supportive relationship and needed alimony, however, and that the husband could pay and, therefore, denied the husband’s petition. The husband appealed. Continue reading ›