When you are the primary income earner in your marital home in Fort Myers, you likely understand that your divorce could leave your ex-spouse in a precarious financial position. Thus, you may be fully prepared to help support them through alimony payments until they are able to establish themselves financially. What you may not be prepared to do is pay them spousal support for the rest of their lives, especially if you know that they are deliberately trying to keep you obligated to do so. Many in this very situation have come to us here at Rubinstein & Holz in the past questioning what legal recourse might be available to them. 

The typical way that those receiving alimony think that they can make their ex-spouse’s remain obligated to pay it is to not remarry. This may include choosing to cohabitate with a new romantic partner rather than getting married. Yet you can petition the court to end your alimony agreement if it appears that these are your ex-spouse’s intentions. Per Florida’s state statutes, factors considered when determining whether your ex-spouse has entered into a supportive relationship include: 

  • The extent to which they and their partner present themselves as a married couple to others 
  • Whether or not they have purchased valuable assets or property with their new partner 
  • The extent to which they and their new partner have pooled their shared financial resources 
  • Whether they and their new partner have worked together to increase anything of value (such as a home renovation) 
  • The extent to which their new partner is providing support for your children when in your ex-spouse’s custody 

The burden of proof falls to you in this situation to show these things to the court. 

More information on dealing with your alimony obligation can be found throughout our site.