Spousal Support
By K. Dean Kantaras and Maurice Q. Thurman
A limony serves as a vital form
of support for a spouse in need
of financial assistance after a
marriage has ended. However,
it is not uncommon for a former spouse
to enter into a new, loving relationship
after a divorce. What happens when a
former spouse who is receiving alimony
enters into a new relationship after a
divorce? Under Florida law, the spouse
paying alimony has the ability to reduce
or terminate the alimony obligation if the
receiving spouse enters into what is known
as a supportive relationship.
Florida law allows courts to award a
spouse alimony, both payable during the
divorce process and after the divorce is
finalized. Under Florida Statute § 61.08,
the primary factors considered by the
court when determining an award of
alimony are whether the requesting
spouse has an actual need for alimony
and whether the other spouse has the
ability to pay alimony. The court may
also reduce or terminate an alimony
award if a former spouse enters into
a supportive relationship. There are
several factors that courts consider when
determining whether a former spouse is
involved in a supportive relationship,
including: the extent to which the former
spouse and his or her significant other
have held themselves out as a married
couple, the period of time they have lived
together, and whether they support each
other financially.
Florida courts recently addressed the
issue of reducing alimony payments
when the receiving spouse enters into
a supportive relationship in the case
of Martin v. Robbins. 194 So. 3d 563
(Fla. 5th DCA 2016). In Martin, the
former husband petitioned the court
to modify his alimony payments to his
former wife because she was involved
in a supportive relationship. The former
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K. Dean Kantaras, Esq.
| JANUARY/FEBRUARY 2017
permanent supportive relationship;” and
(2) the extent to which the persons have
supported one another, “in whole or in
part.”
The Fifth District Court of Appeals
then applied the two factors to the case
at hand, observing that the former wife
and Carlson had held themselves out
as a married couple through wedding
pictures and social media postings. The
Fifth District Court of Appeal also noted
that the former spouse and Carlson
financially supported one another and
therefore, the former wife had entered a
supportive relationship.
Martin v. Robbins is an important
case that demonstrates how supportive
relationships can result in the reduction
or termination of a former spouse’s
alimony obligation. For more information
on Florida alimony law, contact K. Dean
Kantaras, P.A. (727) 781-0000. 9
EDITOR’S NOTE: K. Dean Kantaras has
been licensed to practice law in Florida for
more than 19 years. Mr. Kantaras is the
managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar,
a distinction held by less than 1 percent of
all attorneys licensed to practice in Florida.
He is “A” rated by Martindale-Hubbell, the
highest possible rating. He is a member of
the Supreme Court of the United States, the
United States Court of Appeals for the 11th
Circuit and Middle District, The Florida Bar,
and the Clearwater Bar Association. Maurice
Z. Thurman, Esq. is an associate attorney at
the firm. He is a member of the Florida Bar,
Clearwater Bar and Canakaris Inn of Court.
Their offices are located at 3531 Alternate
19, Palm Harbor, 34683, (727) 781-0000
and 1930 East Bay Drive, Largo, 33771,
(727) 544-0000. www.kantaraslaw.com.
husband presented evidence to the court
that the former wife was living with
a man named Carlson and, while not
formally married, they had participated
in an elaborate wedding ceremony. There
was additional evidence confirming the
couple’s relationship on social media. The
former husband also presented evidence
that his former wife and Carlson were
supporting each other financially.
The Fifth District Court of Appeals
noted two important factors in Florida
Statute § 61.14 that determine when a
spouse has entered into a supportive
relationship: (1) The extent to which the
persons have “held themselves out as a
married couple by engaging in conduct
such as using the same last name, using
a common mailing address, referring to
each other in terms such as ‘my husband’
or ‘my wife,’ or otherwise conducting
themselves in a manner that evidences a
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