Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, July 29, 2015

How Cohabitation Affects Alimony Payments

From The National Law Review:

At the conclusion of many divorce proceedings, alimony is calculated by the court to be paid from the supporting spouse to the dependent spouse. The amount of alimony to be paid is calculated based on a variety of factors, including, among others, the length of the marriage and the martial lifestyle of the couples while married. Once calculated, alimony can typically only be modified by showing a “change in circumstances” that would warrant either the increase or decrease in alimony payments to be made. An occurrence that can be considered a “change in circumstance” is when the alimony recipient then cohabitates with another following the divorce while still receiving alimony payments.

Cohabitation situations can be frustrating to the alimony obligor (the spouse making the payments) because the alimony recipient cohabitating with another can mean two things: (1) the recipient may be using the payments to support their new partner, or (2) the recipient may be receiving financial support from their new partner in addition to the alimony received from their former spouse, essentially receiving monies from two different sources and concealing changes in their finances.

Read more here.

https://lawprofessors.typepad.com/family_law/2015/07/how-cohabitation-affects-alimony-payments.html

Cohabitation (live-ins), Maintenance (alimony) | Permalink

Comments

Great overview of what happens here. It's important to understand what cohabitation can mean for alimony payments. Thanks for sharing!

Posted by: Jordan | Jul 29, 2015 6:51:44 AM

Post a comment