Can Alimony Be Terminated if Your Former Spouse Enters into a New Relationship?

In some cases, the answer is ‘yes’, alimony can be modified if your former spouse, to whom you are paying alimony, enters into a new relationship. If the spouse remarries, then alimony is automatically terminated. However, if the spouse enters into a new relationship or even lives with a new partner, you must show that the relationship is “supportive,” meaning that the new partner and your former spouse share expenses. In this article, we’ll discuss a case involving the termination of alimony payments based on the fact that the recipient entered into a supportive relationship with a new boyfriend.

Background of Overton v. Overton

In Overton v. Overton, the appeals court addressed the matter of an alimony modification based on the fact that the wife (the recipient of alimony) had entered into a “supportive relationship” with her new boyfriend. The husband argued that his alimony obligation should be reduced or terminated since his former wife was now in a supportive relationship with her new boyfriend. The wife, of course, argued that her alimony payments should not be reduced. In this case, the husband had the burden of proving that his wife had entered into a supportive relationship with her new boyfriend.

The court determined that if a recipient of alimony enters into a supportive relationship that provides financial benefits similar to marriage, then alimony can be reduced or terminated. The court noted that a supportive relationship “takes the financial place of marriage and necessarily decreases the need of the recipient of alimony. The judge, in this case, noted that while financial support is one fact, it doesn’t, in and of itself, define a supportive relationship.

Legal precedent

The Overton ruling emphasized that when a supportive relationship is proven, the trial court’s decision on reducing or terminating alimony is subject to an abuse of discretion review. In the Overton case, the court found that the trial court failed to make specific written findings regarding the factors that are outlined in Florida Statutes § 61.08(2) and also reduced the wife’s alimony based solely on the supportive relationship finding.

The Overton case demonstrates the standard for determining whether or not there should be a reduction or termination of alimony payments due to a supportive relationship. The case emphasized the need for proper evidence before modifying alimony payments.

Ultimately, while the court determined that the former wife was in a supportive relationship with a new boyfriend, the relationship did not impact her finances in a substantial way. In other words, the court found that the supportive relationship wasn’t enough to terminate alimony payments. The trial court had already ruled in favor of the former wife. The appellate court upheld that decision on appeal.

Talk to a Largo, FL, Divorce Lawyer Today

Cairns Law, P.A., represents the interests of those who want to have their alimony payments reduced or terminated. Call our Largo, FL, family law attorneys today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

case-law.vlex.com/vid/overton-v-overton-no-893226346