Supportive Relationship

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What to do if Your Ex-Spouse is in a Supportive Relationship

If your former spouse is unmarried, but living in a supportive relationship, Attorney Smith may be able to help you reduce or terminate spousal support payments. You have options under the law. At the Law Offices of Andrew M. Smith, P.A. in Boca Raton, Florida, we represent clients whose ex‑spouses are skirting the law through a “de‑facto” marriage.

We invite you to contact us by phone at 561‑961-4665 or by e‑mail through this Web site to schedule an appointment with our attorney. We offer a low-cost initial consultation.

Identifying a Supportive Relationship

The Florida Legislature has enacted new laws to address the supportive relationship between a former spouse and a new paramour who are cohabitating but are not married. Prior to the statutory revision, since alimony is typically only terminated upon the recipient’s remarriage or either party’s death, alimony recipients were taking advantage of this loophole by living with their new partner without the benefit of marriage in order to prevent their alimony from terminating. If your former spouse is financially interdependent with another person, is commingling assets, and/or is in a relationship that is substantially similar to a marriage, you may have grounds for an action to modify or terminate your spousal support obligation.

Assessing the Nature of Your Ex‑Spouse’s Supportive Relationship

At Andrew M. Smith, P.A., your attorney will address the details of your ex‑spouse’s supportive relationship. We review all aspects of the co‑habitation, including financial records and the relationship that the couple has with one another. Do they have children together? Do they own assets together? Do they hold themselves out to be “husband” and “wife” or the equivalent by friends and family?

Contact Us

For more information or to schedule an appointment with an experienced lawyer regarding the need to reduce alimony or alimony modifications based on a supportive relationship, please contact us.

The hiring of a Florida lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of an attorney/client relationship.

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Can I refuse visitation if my ex-spouse fails to pay child support?

No. You cannot refuse visitation, if it has been ordered by the Court, because your ex-spouse has failed to pay child support. The failure of a party to follow a court order should be brought to the attention of the Court. Therefore, if your ex-spouse violates a court order to pay child support, that issue should be brought to the Court’s attention.

There has been an order of child support in my case, but my circumstances have changed. Is it possible to have the child support order modified?

The Court will look at a change in circumstances of the parties through a petition to modify support. If there has been a substantial change in circumstances since the original order, the Court may modify the order, based on those changed circumstances.

My spouse has always controlled our finances. He/She makes the money and I don’t have access to funds to pay for an attorney. What do I do?

Most attorneys require an initial retainer before they will start working on your case. Many attorneys accept credit cards. Once the case reaches the court system, the Court may require your spouse to pay for your attorney’s fees.

What is mediation?

Mediation is a process where the two parties get together and attempt to negotiate a settlement between the two, rather than having the judge make the final decision. Mediation can save time, money and misery. A settlement is not required, however, simply because you agree to mediate.

How is marital property divided in Florida?

As a general rule, in the state of Florida, property acquired during the marriage is split evenly, despite whose name the property is in. With any general rule, there are exceptions. The courts can change the percentage depending on the parties’ specific circumstances.

What if my spouse is hiding or misrepresenting his assets?

Each party must sign a sworn financial affidavit. If your spouse is hiding or misrepresenting his assets, you may be entitled to compensation relating to those hidden assets.