Those who pay alimony can quickly tire of the financial burden that has been placed upon them. After all, the obligation may seem unfair, and watching money drain from your account can be stressful.
Arguing for modification based on cohabitation
But as infuriating as it can be to pay spousal support, doing so can become even more inflammatory when your former spouse starts cohabitating with someone else. Although this cohabitation may justify the filing of a motion to modify alimony, doing so won’t automatically cease the obligation. And you should continue to pay your support obligation until you obtain an order that specifies otherwise. But when you file one of these motions, the court will be required to look at a number of statutory factors to determine how much the award should be modified. Here are some of those factors:
- How the couple holds themselves out, particularly if they’re acting like a married couple
- The length of time that your former spouse has been living with the new love interest
- How entangled your former spouse’s finances are with this new person
- The extent to which the couple supports each other
- The extent to which your former spouse or the other person has provided for a child that is not their own
- The contributions of each person to enhance something of value
- The services performed for each other that carry some sort of value
- Whether your former spouse or the other person has made contributions of value to an existing business
Keep in mind that these are just some of the factors that will be taken into consideration. If you want to build your case for an alimony modification, then, you’ll need to be comprehensive in addressing your case. That means conducting a thorough investigation, obtaining financial records, policing social media, and perhaps even deposing your former spouse and the other individual.
Don’t leave your alimony dispute to chance
There can be a lot at stake in your alimony case, which is why you might want to consider having an advocate on your side before walking into your dispute. If you’d like to learn more about what a legal ally can do for you in these legal proceedings, then we encourage you to reach out to a law firm that you think can appropriately represent your interests.