Cohabitation simply means to live with someone else. But in the context of divorce, cohabitation means living with someone who is not your spouse, but with whom you are romantically involved.
The answer to this question depends on the laws of your state. However, generally speaking, many states such as California and Connecticut have enacted statutes which allow for the reduction, suspension or termination of spousal support (alimony) if the support recipient lives with a third party.
Again, whether or not you may be disqualified or suspended from receiving spousal support depends on the law of your state and the particulars of your situation. The states that have statutes regarding cohabitation and spousal support vary in their actual definitions of cohabitation and its effect. For example, in Pennsylvania, cohabitation statutes only speak to living with members of the opposite sex. Other states like Georgia do not make reference to the sex of the third party cohabitant.
Living with your ex-spouse will probably not disqualify you from receiving alimony. However, you should speak with an attorney in your state to see exactly how the law views that type of situation.
If you are looking to establish or modify spousal support, it would be wise to consult with a family lawyer. Working with an experienced family lawyer can help you understand your rights and help you deal with the complicated court system.
Last Modified: 02-18-2015 09:33 AM PSTLaw Library Disclaimer
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