Actress, Alicia Silverstone, is on the hook for large monthly alimony payments following the finalization of her divorce from ex-husband Christopher Jarecki. What’s different is that alimony can end if he cohabitates with someone. What is Florida law on alimony and cohabitation?
The Wonder Years
According to media sources, the Clueless star is responsible for paying $12,000 per month in spousal support until Jan. 31, 2024, with the due date being the first of every month, according to court documents obtained by ET.
While the 42-year-old actress is required to pay the substantial spousal support sum for the next five years, the agreement provides that if Jarecki, also 42, lives with a “romantic partner” for at least five months out of a 12-month period, Silverstone’s financial obligation “shall immediately terminate.”
The couple also agreed to share joint physical custody of their 7-year old sone, with an equal and fair custody schedule to be agreed upon by both parents.
Florida Alimony & Cohabitation
I’ve written about alimony issues before. An early end to alimony because of cohabitation can be a clause anyone who pays alimony would want. As Silverstone’s divorce shows, very often it can be women paying alimony to men.
In Florida, cohabitation is referred to as a “supportive relationship.” In Florida, our statute allows a court to reduce or terminate an award of alimony if a supportive relationship exists between the recipient of alimony and the person the alimony recipient resides with.
In determining whether a supportive relationship exists, the court considers the following:
- The period of time that the obligee has resided with the other person in a permanent place of abode.
- The extent to which the obligee or the other person has supported the other, in whole or in part.
- The extent to which the obligee or the other person has performed valuable services for the other.
- Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.
- Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.
- Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.
But simply proving a supportive relationship is not enough. Also, people can waive their right to seek modification of alimony in a settlement agreement. Cohabitation is not as easy to prove as you might think. Even if you can prove a supportive relationship, you must check your agreement to see if you can even modify alimony.
The Silverstone agreement also has a clause stating that if his “housing costs” are reduced by at least 50 percent as a result of sharing a residence with any unrelated adult for five months out of a 12-month span, Silverstone would also be free from her support payments.
The pair started dating in 1997 and tied the knot in 2005. They later welcomed their son in May 2011. When Silverstone filed for divorce earlier this year, the actress’ rep released a statement to ET addressing the nature of their split.
According to court documents obtained by ET at the time, Silverstone cited “irreconcilable differences” as the grounds for the termination of their 13-year marriage.
The ET article is available here.