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The Matrimonial StrategistLJN NewslettersNewsSections

Cohabitation and Alimony

By Richard D. West, Caryn M. Green and Andrea L. Cain
May 30, 2007

In June 2005, the Florida State Legislature amended its modification and enforcement statute, ' 61.14, Fla. Stat., to provide that a 'court may reduce or terminate an award of alimony upon specific written findings ' that ' a supportive relationship has existed between the obligee and a person with whom the obligee resides.' While the statute obviously only applies to the State of Florida, it raises issues for drafters of marital settlement agreements in other states. The purpose of this article is to explore some of the questions that a family-law practitioner should be asking and considering in the drafting of a marital settlement agreement given the Florida experience in the area of post-judgment cohabitation of a recipient spouse.

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