Alimony and Cohabitation in Florida 2026: When Living Together Affects Support Payments

What Happens to Alimony When Your Ex Moves In With Someone New?

If you are paying alimony and your former spouse has moved in with a new partner, Florida law may provide grounds to reduce or terminate your support obligation. Under Florida Statute 61.14, a court can modify or end alimony when the recipient enters into a supportive relationship, commonly called alimony cohabitation in Florida legal circles.

In my experience handling these cases across Miami-Dade and Broward counties, proving cohabitation requires more than showing your ex has a new romantic partner. The law demands evidence of an ongoing, financially intertwined relationship that reduces the recipient's need for support. Understanding exactly what qualifies and how to prove it can save you thousands of dollars or protect the support you depend on.

Understanding Florida's Supportive Relationship Law

Florida does not automatically terminate alimony simply because your ex-spouse is dating or spending time with someone new. The 2023 alimony reform made significant changes to how courts evaluate these situations, and these rules remain in effect for 2026.

The Legal Definition of a Supportive Relationship

Under Florida Statute 61.14(1)(b), a supportive relationship exists when the alimony recipient resides with another person in a relationship that provides economic support equivalent to a marriage. The statute specifically lists factors the court must consider:

• The extent to which the recipient and the other person hold themselves out as a married couple through public acts such as using the same last name, filing joint tax returns, or identifying each other as spouses
• The period of time the recipient has resided with the other person in a permanent place of abode
• The extent to which the recipient and the other person have pooled their assets or income or otherwise exhibited financial interdependence
• The extent to which the recipient or the other person has supported the other in whole or in part
• The extent to which the recipient or the other person has performed valuable services for the other
• The extent to which the recipient or the other person has performed valuable services for the household of the other
• Whether the recipient and the other person have worked together to create or enhance anything of value
• Whether the recipient and the other person have jointly contributed to the purchase of any real or personal property
• Evidence in support of a claim that the recipient and the other person have an express or implied agreement regarding property sharing or support
• Evidence in support of a claim that the recipient and the other person have an express agreement regarding sharing expenses

The court examines the totality of these factors. No single factor is determinative, and a relationship does not need to satisfy every element to qualify as supportive.

How the 2023 Alimony Reform Changed Cohabitation Rules

The 2023 reform that took effect July 1, 2023 clarified and strengthened provisions regarding supportive relationships. Courts now have clearer guidance on evaluating these claims, and the burden of proof requirements have been specified. These changes continue to govern alimony cohabitation in Florida throughout 2026.

Previously, courts had significant discretion in how they weighed cohabitation evidence. The reformed statute provides a more structured analysis, which benefits both payors seeking modification and recipients defending against such claims.

How to Prove a Supportive Relationship Exists

If you are the alimony payor seeking to reduce or terminate your obligation based on cohabitation, you bear the initial burden of proving that a supportive relationship exists.

Gathering Effective Evidence

The evidence that proves a supportive relationship typically falls into several categories:

Financial evidence includes joint bank accounts, shared credit cards, mortgage or lease documents with both names, utility bills, and evidence of joint purchases. In my experience, financial records often provide the most compelling proof of interdependence.

Residential evidence demonstrates that your ex-spouse and their partner share a home. This includes lease agreements, mail delivery records, vehicle registration showing the same address, and witness testimony from neighbors.

Public presentation evidence shows how the couple holds themselves out to others. Social media posts, introduction to friends and family as a committed couple, joint vacation records, and shared memberships can support your claim.

Services rendered evidence documents how the parties support each other practically. One partner managing household duties while the other works, providing childcare, or maintaining property all suggest a marriage-like arrangement.

Working With Investigators

Many alimony payors hire private investigators to document supportive relationships. A skilled investigator can observe patterns of cohabitation, photograph vehicles at the residence overnight, and document public activities that suggest a committed relationship.

However, investigation has limits. Investigators cannot trespass, access private financial records without authorization, or engage in harassment. Any evidence obtained illegally will be inadmissible and could result in sanctions against you.

The Importance of Timing

Florida courts want to see that the supportive relationship is ongoing and stable, not a temporary arrangement. In most cases, you should be able to demonstrate at least several months of cohabitation before filing your modification petition. A relationship lasting less than six months may be viewed as too new to justify modification.

Filing a Petition to Modify Alimony Based on Cohabitation

Once you have sufficient evidence, you must file a Supplemental Petition for Modification of Alimony with the court that issued your original divorce decree.

Required Elements of Your Petition

Your petition must allege specific facts supporting the existence of a supportive relationship. Vague allegations that your ex has a new boyfriend or girlfriend will not survive a motion to dismiss. Detail the factors from the statute that apply to your situation and reference the evidence you intend to present.

The Discovery Process

After filing, you can use formal discovery to obtain additional evidence. This includes:

• Interrogatories asking about living arrangements, shared expenses, and financial support
• Requests for production of bank statements, tax returns, and household expense records
• Requests for admission that can establish undisputed facts
• Depositions of your ex-spouse and their partner

Discovery often reveals information that was not available before filing. Many recipients are surprised to learn they must disclose financial details about their new partner.

Court Hearings and Outcomes

If the evidence establishes a supportive relationship, the court has several options under Florida law:

• Reduce the alimony amount to reflect decreased need
• Terminate alimony entirely
• Suspend alimony with conditions for reinstatement

The court considers how much the supportive relationship has reduced the recipient's financial need. If the new partner pays half the household expenses, that directly impacts the calculation.

Defending Against a Cohabitation Claim

If you receive alimony and your former spouse has filed a modification petition claiming you are in a supportive relationship, you have the right to defend your support award.

Common Defense Strategies

The relationship is not marriage-like: Dating someone, even seriously, does not automatically create a supportive relationship. If you maintain separate finances, do not live together full-time, or do not hold yourselves out as a couple, the statutory factors may not be satisfied.

The arrangement is temporary: A partner staying with you during a short-term housing transition or medical recovery may not constitute the ongoing relationship the law requires.

No financial benefit exists: If you and your partner maintain completely separate finances and each pay your own way, the supportive relationship argument weakens significantly. Document your separate expenses carefully.

Privacy and property boundaries: If your partner has their own residence where they receive mail, are registered to vote, and pay utilities, this evidence undermines cohabitation claims.

Documentation for Recipients

If you are an alimony recipient in a new relationship, protect yourself by maintaining clear financial boundaries:

• Keep separate bank accounts
• Split household expenses with documented payments
• Ensure your partner maintains their own legal residence
• File separate tax returns
• Avoid joint purchases of significant assets
• Be mindful of social media representations

These precautions do not guarantee protection against modification, but they make proving a supportive relationship much more difficult.

What Happens to Different Types of Alimony

The impact of cohabitation varies depending on the type of alimony you receive or pay. Understanding these distinctions is essential for strategy.

For a comprehensive overview of all alimony categories, see our Florida Alimony Guide: Types and Calculation.

Permanent Alimony From Pre-2023 Divorces

If your divorce was finalized before July 1, 2023, permanent alimony awards remain subject to modification based on cohabitation. These long-standing obligations are often the most affected by supportive relationship claims because the support was intended to continue indefinitely.

Durational Alimony

Durational alimony, which is now the primary form of support in Florida, can also be modified or terminated based on cohabitation. Learn more about how this type of support works in our guide to Durational Alimony in Florida 2026.

The key difference is that durational alimony already has an end date. If cohabitation occurs near that end date, the financial benefit of pursuing modification may not justify the legal costs.

Bridge-the-Gap and Rehabilitative Alimony

These shorter-term forms of alimony are generally not modifiable regardless of cohabitation. They serve specific transitional purposes and end upon the earlier of the recipient's remarriage, either party's death, or the date specified in the judgment.

The Relationship Between Marriage Length and Cohabitation Impact

The length of your marriage affects many aspects of divorce, including how courts view cohabitation claims. For an in-depth look at how marriage duration influences alimony, read our article on the 7 Year Rule: Divorce Florida Alimony and Marriage Length.

Generally, longer marriages result in longer alimony awards, which means more financial incentive to pursue modification based on cohabitation. A 20-year marriage with substantial durational alimony creates significant potential savings if you can prove a supportive relationship.

Tax Considerations When Alimony Changes

When your alimony is modified or terminated due to cohabitation, the tax implications change immediately. Many clients ask whether alimony is tax deductible in Florida. The answer depends on when your divorce was finalized.

For divorces finalized after December 31, 2018, alimony is neither deductible by the payor nor taxable to the recipient. This means modifications for cohabitation have straightforward financial impacts without complex tax planning.

What About Domestic Violence Situations

Cohabitation cases sometimes intersect with domestic violence concerns. If you left your former spouse due to abuse and are now living with a supportive partner, the court may consider these circumstances when evaluating a modification petition.

For information about how domestic violence affects divorce proceedings, visit our resource on Domestic Violence and Divorce in Florida.

Costs of Pursuing or Defending Cohabitation Claims

Legal fees for modification proceedings can be substantial. Both parties should consider whether the potential outcome justifies the expense.

For payors, calculate the total remaining alimony obligation and compare it to estimated legal costs. If you owe 50,000 dollars over the next three years, spending 15,000 dollars on modification might make sense. If you owe 10,000 dollars, it probably does not.

For recipients, defending against a weak cohabitation claim may be worth the cost to preserve your support. Alternatively, settlement negotiations might produce a reasonable middle ground that saves both parties legal fees.

Taking Action on Your Alimony Cohabitation Case

Whether you want to modify alimony based on your ex-spouse's cohabitation or need to defend against such a claim, understanding Florida law gives you a significant advantage.

For payors considering a modification, gather your evidence systematically before filing. The stronger your initial showing, the better positioned you will be in discovery and at hearing.

For recipients concerned about a modification petition, document your financial independence from any romantic partner. The more separation you can demonstrate, the stronger your defense.

If you need guidance on how Florida's supportive relationship law applies to your specific circumstances, schedule a strategy session to discuss your options with an experienced Florida attorney. We can review your evidence or help you build your defense, providing the specific legal advice your situation requires.

Moving Forward With Your Alimony Modification

Alimony cohabitation in Florida remains one of the most actively litigated areas of family law. The 2026 courts continue applying the 2023 statutory framework, giving both payors and recipients clearer expectations about how these cases will be decided.

If your circumstances suggest that alimony modification might be appropriate, do not wait to take action. Evidence of cohabitation can become stale, and delaying your petition means continuing to pay support that may no longer be legally required.

Conversely, if you receive alimony and believe a modification petition is unfounded, early legal consultation helps you prepare your defense and potentially resolve the dispute without extensive litigation.

Every alimony cohabitation case in Florida involves unique facts and circumstances. A consultation with a qualified attorney can clarify your rights and help you develop an effective strategy.

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This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.