Does Alimony End Upon Cohabitation?

alimonyQuestion:

How is alimony affected by cohabitation? I have evidence to prove my ex is living with another man, but they are not married. 

Answer:

While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.

Where I do practice in Virginia, the statute requires that the receiving party live with another as if she was married for a period of more than one year. Often times proving that the receiving party is living with another as if in marriage proves to be more difficult than it seems. The courts will generally err on the side of keeping the payments going.

Virginia Divorce Attorney Charles Hatley
Virginia Divorce Attorney Charles Hatley

It is advisable to hire a private investigator who will observe the receiving party’s actions and be able to testify in court about what he saw.

Once you have proof, you can file a motion to end the support in the court.

Spousal support is very jurisdiction-specific and requires a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.

Remember, I am unable to provide you with anything more than tips on these matters, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.

To arrange an initial consultation to discuss rights for men with a Cordell & Cordell attorney, including Virginia divorce lawyer Charles D. Hatley, contact Cordell & Cordell.

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