Cohabitation and Alimony in the US
by Valery Turyshev, Paralegal Student, Centennial College
How Cohabitation Impacts Alimony Payments By Scott Stadler, P.A.
This article was written by a divorce and family Law Attorney Scott Stadle, who works in Broward and Palm Beach counties, US. The author raises a very interesting issue in this article. How an amount of alimony is receiving by a former spouse from his or her ex spouse may be changed or eliminated by court if this spouse is cohabitating with a new partner. According to the lawyer this issue was determined in the court decision when a former husband tried to repeal a court order that obliged him to pay S5000 a month to his ex spouse. His petition was based on a fact of his ex wife’s marriage. However, the court denied his petition because the mock marriage was staged at Las Vegas Wedding Weekend. The marriage certificate was not given to his ex wife because it was not a legal marriage.
This law, originally proposed in 2005, has it’s roots from this case. The purpose of law is to determine whether a “supportive relationship” exists that includes the fact of contributing financially the person who receiving alimony and by that the living expenses are reduced. The author enumerates several legal factors which are taken into consideration by court when this legal case is filed by a former spouse. For example, have the former spouse and companion treated themselves out as a married couple by using the same last name, a common mailing address, calling each other in terms such as “my husband” or “my wife,” or in a manner that supports a permanent supportive relationship and other factors.
The lawyer concludes in his article that cohabitation can change alimony payments. This obligation to pay alimony is effective until it is changed by a court decision.
“How Cohabitation Impacts Alimony Payments”
By Scott Stadler, P.A., online , http://www.hg.org/article.asp?id=32765