Legal Question in Family Law in Florida

Post Divorce

My ex-wife and I divorced in 1997. Our 2 children are now 23 & 26 yrs. old. Ex-wife has lived with a man for last 7 yrs. She is very well off, drives a Mercedes & lives in a $500K home and doesn't work. The divorce decree states I must pay her $50 per month permanent alimony until she dies or remarries; and pay her health insurance until their is no longer an obligation to pay her support. My current wife of 9 years & I have continued to support my daughters by paying for their college, buying them cars, auto & health ins., cell phones, etc. We have also continued to pay my ex-wife $400 per month based on her word that her medical insurance costs her $350 per month. I have never seen a bill. I recently became unemployed and have fallen on some financial hardships. I can no longer continue to pay my ex. wife her monthly stipend. What can she legally do to me and what are my legal options? I have never missed or have been late with any payment of any kind to her.


Asked on 4/03/09, 11:24 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Post Divorce

You have two arguments: 1) You can't afford it. That usually works. 2) Florida law has changed since your divorce such that living with someone in a financially supportive and romantic relationship is the equivalent of remmarriage. The legislature wanted to stop poeple from living together so that they still get alimony. That sounds like what she's doing. You can probably get your alimony stopped under that new law.

You should file a motion to terminate alimony under both grounds.

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Answered on 4/03/09, 12:05 pm


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