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WAIVER OF MODIFICATION OF ALIMONY FOR SUPPORTIVE RELATIONSHIP

Florida Statute 61.14(1)(b)1 allows for a modification of alimony if the obligee former spouse is in a supportive relationship. The statute provides in pertinent part that:

The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides.

 In the recent case of Smith v. Smith, the 4th DCA found the following language an unambiguous waiver of a modification of alimony, even in the event of a supportive relationship.

 

2. Said alimony shall be non-modifiable by the parties, in

either amount or duration, regardless of any change in

circumstances of either party.

 

3. This alimony shall terminate on the Husband’s death, the

Wife’s death, or the Wife’s remarriage, whichever shall first

occur.

 

So the lesson to be learned here, is when agreeing to pay alimony in an Marital Settlement agreement, make sure the language in the agreement cannot be construed as a waiver of modification if the obligee is in a supportive relationship, or you can be paying for your former spouse to live the high life with his or her new “friend”.

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