Your Ex Moved On — Do You Still Have to Pay Alimony?

Clients often want to terminate their alimony obligation because their ex is in a new relationship. Is that possible? Here’s the honest answer: it depends.

Legally, this issue is referred to as reducing or terminating alimony because of a “supportive relationship.” If the former spouse receiving alimony is in such a relationship, then the alimony obligation must be reduced or terminated.

What exactly is a supportive relationship? There is no black-and-white definition, and for good reason. If there was, then an ex-spouse receiving alimony could simply structure their new relationship to avoid doing the one thing that would technically qualify. Instead, Florida law gives judges a list of factors to consider, and whether those factors add up to a supportive relationship depends on the circumstances of each case.

Why would a supportive relationship affect alimony? Because alimony is intended to financially support a former spouse so that they can meet their needs after the divorce. If a former spouse is now being financially supported by a new partner, or vice versa, then that spouse’s need for alimony has been reduced or eliminated. Alimony is not meant to provide a financial surplus to a former spouse, and it is certainly not meant to help a former spouse financially support a new partner.

So, if you are paying alimony and believe that your former spouse may now be in a supportive relationship, then come talk to us. These cases are extremely fact-specific; therefore, the way the evidence is gathered and presented may make or break your case. We can investigate what is really happening, determine whether the relationship qualifies under Florida law, and build the strongest case possible to reduce or terminate an alimony obligation you may no longer be required to pay.