Cohabitation
Living with a new romantic partner in a relationship resembling marriage. Cohabitation by an alimony recipient can be grounds for reducing or terminating alimony.
Understanding Cohabitation
Many states allow the alimony-paying spouse to petition for reduction or termination of support if the recipient moves in with a new partner. The logic is that cohabitation reduces the recipient's financial need. However, proving cohabitation legally can be complex — courts look at shared living expenses, duration of the relationship, whether the new partner provides financial support, and the nature of the relationship. Simply dating someone new is usually not enough; a pattern of mutual domestic life is required.
Real-World Examples
The ex-husband petitions to stop alimony payments after learning his ex-wife has been living with her boyfriend for over a year and sharing household expenses.
State-by-State Variations
States vary widely. New Jersey explicitly allows termination for cohabitation. California requires showing reduced financial need. Some states ignore cohabitation entirely.
Related Terms
Court-ordered financial support paid by one spouse to the other during or after divorce. Also called spousal support or maintenance.
Cost of Living Adjustment (COLA)An automatic increase in child support or alimony payments based on inflation or changes in the cost of living, sometimes built into the original court order.
Dissolution of MarriageThe legal term for divorce — the formal ending of a marriage by court order. Some states use this term instead of 'divorce' in their statutes.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.