Law

Can a couple living in cohabitation demand alimony?

What is cohabitation and alimony? Cohabitation is the relationship between a couple where they live together and share financial, emotional, and sexual dependence but don’t marry. Living together only can’t be cohabiting, but there must be some other valid factors – the couple must share their last name, they must be financially dependent on each other, they must be living in a cohabitation relationship for a long period, and any joint purchase of an asset and the relation should be supportive. Now, what is alimony? Alimony is monetary support from a former earning spouse to their ex-spouse during and after divorce till they ascertain financial independence. But will the alimony get affected because of cohabitation? You can learn more about cohabitation and alimony through this article.

Cohabitation can significantly affect alimony. An earning partner provides alimony to their former spouse to support them financially after the couple has decided to separate. But if the ex-partner goes into a cohabitation relationship with someone new, that would indicate that the ex-spouse has become financially dependent on someone or has established individual independence. But for that, the paying partner must prove to the court that their ex-partner has become financially dependent and is living in a cohabitation relationship. Suppose they can prove that the ex-partner shouldn’t need more alimony to support themselves. In that case, there can be a significant reduction in the amount of alimony or even termination of the whole alimony agreement.

If the partner in cohabitation can prove to the court enough evidence that their current relationship is not a cohabitation, then the paying partner would need to continue paying alimony or find evidence to support his interest. Suppose the partner receiving the money can show the court that they are still not financially dependent and need financial support post-separation. In that case, the paying partner is obliged to pay alimony.

Conclusion 

You won’t be able to prove that your ex-partner is in a cohabitation relationship only if she has been spending time with someone new. You would need enough strong reasons to prove that the current relationship with your ex-spouse is a cohabitation relationship. Your ex-partner can also prove that they are not financially solvent. Their current relationship does not qualify as cohabitation for enough reasons. After the case has reached the court, the court will investigate and testify whether the relation of your ex-partner is in cohabitation or not.

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