Sunday, October 26, 2008

Cohabitation and Alimony Payments

When one party is awarded permanent alimony, generally speaking those alimony payments will continue until death of either party or remarriage. Some people put language in their marital settlement agreements that states that alimony will conclude when the recipient of the alimony cohabits with a member of the opposite sex. The question then becomes what is the definition of "cohabitation". In Florida, I believe that most of the courts have stated that cohabitation would have to include a sharing of finances. The New York courts are dealing with this issue, and I'm sure its just a matter of time before all courts in all states set forth a clear definition of "cohabitation" so that people are not litigating this issue in the future.

To read about New York's take on this issue, see: http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--definingcohabitat1021oct21,0,5977746.story
Posted by Christine Bauer at 8:43 PM
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3 comments:

Anonymous said...

My wife left me without saying a word, when I came home from work, she was gone. There were no problems or complaints about anything. (No young children at home) I did not know where she went or that she was involved with another man. She filed for divorce while living with the another man that I had no idea of. She got more then half, also lump sum alimony & permanent alimony taken weekly from my paycheck. She gets more of my paycheck then I do. I was also ordered to pay all court costs and her attorney fee's. Florida is a no-fault state and I work for a living. I never knew this could happen and how unfair the law is. Nothing matters and I had no say in anything. It takes 2 to get married, but only 1 to get divorce. They have been together for over ten years together and I am still supporting both of them. They live as husband and wife, but will never married because of the alimony. I can never retire.
It looks like the Hulk will be in the same situation.
I thought it was not right when a friend of mine years ago divorced his wife when she lost her job, now I understand why. Anything that deals with fault (cheating etc.) makes no difference. The spouse that makes the most money will pay. I don't pay alimony, they take it. No way to get out of it. Quit work and you still owe it. Have the money and don't pay, you go to jail.

November 24, 2008 10:43 PM
Anonymous said...

How can you force someone to pay if they are self employed, live in girlfriend is part owner of business, she takes most of the paycheck to keep him with a low income and he doesn't pay all the alimony ordered by the courts? Can something be done without going to court?

January 11, 2009 9:53 PM
Anonymous said...

There has to be a way to get these old fashioned FL laws updated! I know someone who is paying alimony for life to his ex-wife. The ex is perfectly capable of holding a job and at one time even heald a realtor and insurance license which she let expire. To expect the ex-husband to pay her until either she or he dies is extremely unfair. Reform is needed now! Any suggestions? I realize the law was changed not too long ago for co-habitation however, these recipients of alimony are taking advantage of an old-fashioned system and are basically sitting on their butts and getting paid for it!

September 18, 2009 11:03 AM

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