Featured News 2015 How Might Alimony Payments Be Affected by Living Together?

How Might Alimony Payments Be Affected by Living Together?

When someone gets divorced from their partner, they may be awarded a spousal support payment. Called alimony, these payments are monthly checks from one spouse to the other to prevent unnecessary hardship. Alimony payments are based on numerous factors, including future earning potential and length of a marriage. In fact, as a former spouse becomes more and more independent, they may find their alimony payments coming to an end.

The specifications of the alimony depend on the laws of the state that granted the divorce and the agreement outlined in the divorce settlement. In many instances, alimony is simply meant to support the other person until they are able to get on their feet. When circumstances change in their lives that indicate they do not need alimony, the support order can be altered or even ended.

When will my alimony be reduced or eliminated?

One of the reasons that alimony payments can come to an end is the person receiving the payments gets remarried. It is assumed that their new spouse will be contributing to their income, removing the need for their ex to support them. But what happens when a former spouse is sharing a household with someone without marrying them?

Depending on where the person resides:

  • Alimony can be reduced or eliminated only if it can be shown that cohabitation reduces the need for the support
  • Alimony can be reduced regardless of economic need when cohabitating with a romantic partner
  • Alimony may not be affected at all by the cohabitation with another person

Key in many of these decisions is the definition of cohabitation and living together. Some states simply define cohabitating as spending most, but not necessarily all, of their time in the same residence as a partner. Other states require that the people living together carry themselves out as though they are married. Finally, some states enforce that cohabitating can simply be living with a romantic partner.

Depending on where a couple resides, living with someone can have a dire effect on their alimony payment. The best way to account for this scenario is to include a provision in the divorce settlement that outlines what will happen if cohabitation occurs.

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