Florida law allows alimony to terminate upon the death of either party, the remarriage of the receiving party or if the receiving party cohabits with someone in a supportive relationship. The cohabitation portion of the law has raised many questions as to when alimony may terminate.
In June 2008 the Fourth District Court of Appeal decided Linsoth v. Dorgan. The parties divorced in 1992 and the wife was awarded permanent alimony. The wife began cohabiting in 2002 and did so continuously up to the trial for a period of five years. She and her friend were financially and emotionally mutually supportive, although there was no commingling of money. The trial court did not find a supportive relationship, AND granted the wife’s request to increase her alimony. The Fourth DCA affirmed. There is a strong and lengthy dissent. The two opinions thoroughly discuss the Florida cohabitation statute.
In Wilbur v. Wilbur, a Second DCA case decided in May 2008, the Husband had a huge arrearage. Trial court ordered husband to take out an equity loan on his homesteaded residence in order to pay it. The Second DCA affirmed.