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

5 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.

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?

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!

Chuck Burton said...

I'm in the same situation. Get involved and change the laws!
Go to this link.
http://www.floridaalimonyreform.com/

Anonymous said...

Not that it matters, but DITTO. Almost went to jail at time of divorce (no, I never laid a hand on her). I filed for divorce for her fooling around. My lawyer put in 'die, remarry or cohibitate'. Her lawyer took cohabitate out. My lawyer told "Dealbreaker. You go to jail first." Excuse me? Anyway, he put it back in and it held in final settlement. I'm still paying like 1/3 of my check in alimony even though she has been with a guy as a couple for 2 years, lives in his condo with my youngest daughter 'renting it', and is about to move to another condo he just bought right on the beach. But, he has a house too. So he has his residence and she has hers even though he stays there all the time with my daughter there and when I have my daughter the ex stays with him. And right now they're in the bahamas on his new boat for 2 or 3 months or until they feel like coming back. And she also got the house in the divorce which she quit paying on when she moved into the condo so now it's getting forclosed. WTF! I could pay the mortgage if I wasn't paying the alimony and keep my house where my our other 2 kids live with me. Oh yeah, she got custody and big child support too, until a different judge finally found out the 2 older moved in with me at earliest opportunity and I had still been paying support for all 3 for a year. Support is gone now, but I'm still broke, without an owned home, and zero credit for the mortgage note and bills that I got in the settlement. That's another law we need. She got the 'mortgage and note' in settlement under debts, but the bank is still hounding me because as they put it "your name is still on the note". Really?! Read the settlement, talk to the judge and leave me alone. I should be able to sue them for harrassment but apparently the settlement doesn't come into play until after the house is forclosed. Somebody needs to open their eyes.