The parties in this case were married for 35 years before divorcing. The ex-husband was required to pay his ex-wife, under the marital separation agreement, $500 per month alimony until her remarriage or co-habitation with a male or death of either party. Over six years later the ex-husband petitioned to terminate the alimony on the grounds that the ex-wife was cohabiting with a male. At trial, the ex-wife conceded that a male had been living with her in her townhouse which consisted of two bedrooms and two and one-half baths. The live-in paid the ex-wife $400 monthly rent. The live-in had a separate mailbox from the ex-wife, and the rent amounts were deposited in the ex-wife's account. The trial court determined that the live-in was cohabitating with the ex-wife and ordered that the alimony payments be terminated. On appeal, the court reversed. Even though the ex-wife loaned the live-in $15,000 to buy a car, went on a cruise with him, and used the monthly rent checks to pay her expenses, the court determined that no supportive relationship existed between the ex-wife and the live-in. The court determined that the live-in was merely a tenant or a "lodger" and not a cohabiter. Atkinson v. Atkinson, No. 2D13-5815, 2015 Fla. App. LEXIS 1776 (Fla. Ct. App. Feb. 11, 2015).
Living Together Is Not Cohabitation Because No Supportive Relationship Present.
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