Do I have to continue supporting my ex if they are living with someone else?

Do I have to continue supporting my ex if they are living with someone else?

Many people wonder why they should keep providing financial support to their exes when it seems that another person is already supporting them. For example, a husband might question why he is still required to pay alimony if his ex-wife is living with her new boyfriend. Similarly, someone might feel that they should pay their child's mother less child support because she has moved in with a wealthy friend who is covering all her bills.

While every situation is unique and involves various factors, one option for relief is to demonstrate that the person you are legally required to support is in a supportive relationship. But what exactly constitutes a "supportive relationship"? In Florida, this is defined in § 61.14(1)(b)1., Fla. Stat. (2023).

Section 61.14(1)(b)2. states the court shall consider all relevant facts in Section 61.08(3) and the following additional factors:

a. The extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship.

b. The period of time that the obligee has resided with the other person.

c. The extent to which the obligee and the other person have pooled their assets or income, acquired or maintained a joint bank account or other financial accounts, or otherwise exhibited financial interdependence.

d. The extent to which the obligee or the other person has financially supported the other, in whole or in part, including payment of the other’s debts, expenses, or liabilities.

e. The extent to which the obligee or the other person has performed valuable services for the other.

f. The extent to which the obligee or the other person has performed valuable services for the other’s business entity or employer.

g. The extent to which the obligee and the other person have worked together to acquire any assets or to enhance the value of any assets.

h. The extent to which the obligee and the other person have jointly contributed to the purchase of any real or personal property.

i. The extent to which the obligee and the other person have an express or implied agreement regarding property sharing or financial support.

j. The extent to which the obligor has paid the existing alimony award or failed to do so and the existence and amount of any arrearage.

k. The extent to which the obligee and the other person have provided support to the children or other family members of one another, regardless of any legal duty to do so.

If you can demonstrate that a person is in a supportive relationship, Section 61.14(1)(b) requires a reduction or termination of support, maintenance, or alimony. In other words, if your ex is getting help, you may also be able to receive help. Support does not only refer to financial aid or providing housing; it encompasses various forms of assistance. If you have questions about your rights, contact us today for a consultation.

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