561.391.1333 1900 Glades Road, Suite 351, Boca Raton, FL 33431
Weiner & Weiss, LLC
Competent Exceptional Accessible Compassionate

Retroactive Modification of Alimony Based on Payee Being in a Supportive Relationship

Florida law provides for a Modification or Termination of an alimony obligation when the payee is living in a supportive relationship (see Florida Statute § 61.14(1)(b) ). A “supportive relationship” obviously begins prior to the payor filing his/her Petition for Modification.  The question that I am often asked, is “since my ex started living with their new significant other prior to the filing of the Petition, can I get credit for that time”. The answer is NO, a Modification or Termination of alimony is only retroactive to the date of the filing of the Petition.  The 5th District Court of Appeal, recently ruled in the case of Pollack v. Pollack, 181 So.3d 1287(Mem) (Fla. App., 2015)  “that the trial court erred by terminating alimony retroactively to the date when Appellant began residing with her significant other, as opposed to the date when he filed the petition”.

If you are paying alimony and you believe your former spouse is in a "supportive relationship" contact Weiner & Weiss, to discuss your options.

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

Weiner & Weiss, LLC
Weiner & Weiss, LLC
1900 Glades Road Suite 351 Boca Raton, FL 33431
561.391.1333 There Is No Substitute for Experience

Weiner & Weiss, LLC is located in Boca Raton, FL and serves clients in and around Boca Raton, Delray Beach, Deerfield Beach, Pompano Beach, Palm Beach, Pahokee, West Palm Beach, Fort Lauderdale, Hollywood, Dania, Loxahatchee, Pembroke Pines, Broward County and Palm Beach County.

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]

See our profile at Lawyers.com or Martindale.com.

LexisNexisLexisNexis, Martindale-Hubbell and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.
© 2012 LexisNexis. All rights reserved.

Quick Contact Form
  • This field is for validation purposes and should be left unchanged.