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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.

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