Can I get alimony if I live with my boyfriend? The answer depends upon your divorce decree and the surrounding circumstances. If it can be proven that you are in a mutual relationship with a person of the opposite sex and you share costs and assets, then it’s possible that you could lose the alimony.
Read this article to know how a divorce decree may help you to get alimony while you live with your boyfriend.
Can You Get Alimony if You Are Living With Your Boyfriend?
You can get alimony if you are living with your boyfriend, in case your divorce decree mentions it. If your divorce agreement contains a clause that states that alimony obligations terminate when you move in with a guy in a meretricious relationship, your ex-alimony husband’s duty ended when you did.
It makes no difference if this living condition was brief. No matter how briefly, your ex-responsibility husband’s to pay alimony would terminate if you moved in with him. He can stop paying without a court order because your divorce decree makes this condition clear.
Even though you lived with your boyfriend, your ex-husband is still obligated to pay alimony if your settlement agreement or final divorce decree merely states that it terminates upon death or remarriage (and he did not file a modification action and obtained a support order lowering his obligation). You can take legal action against him for disobeying the court’s orders to comply.
– What Are the State Laws Regarding Receiving Alimony While Cohabiting?
The state laws regarding receiving alimony while cohabiting differ from state to state. Some states have ruled that cohabitation or pretending to be married to someone who is of the opposite sex constitutes grounds for modifying or terminating spousal support.
The rationale for this is that someone living with someone else effectively receives spousal maintenance benefits as well as financial assistance from the new partner. Furthermore, it’s possible that the new partner is likewise abusing spousal maintenance.
“Can I get alimony if I live with my boyfriend in PA?” you might wonder. The law in Pennsylvania says that you are not entitled to alimony from your ex-husband if you go on to cohabitate with a person of the opposite sex.
– Does Alimony Stop if You Get Remarried?
Alimony stops If you get remarried, i.e. your alimony payments will end immediately. This situation is what disqualifies you from alimony. But only those who receive particular kinds of alimony are covered by this. When you are remarried, payments of alimony continue unless the judge decides to stop them.
Even if it requires supporting more children, the paying spouse’s marital status often has no bearing on the amount of alimony. Support should often terminate if the supported spouse marries again and no longer needs financial support.
However, it’s not always that simple. State family law will take precedence if your final divorce decree leaves open the question of what should happen if the supported spouse marries again.
Before rushing to court after learning that your spouse remarried, it’s vital to review your alimony agreement, final court order, and state-specific regulations because each state has criteria for terminating or modifying alimony.
What Are the Ways to Avoid Termination of Alimony While Living With Your Boyfriend?
The ways to avoid termination of alimony while living together with your boyfriend include not actually relocating together, not splitting costs, and not buying assets such as cars or a house together. Covering your own expenses and not claiming to be married are other ways.
You must adhere to these guidelines if you want to maintain your spousal maintenance and avoid having your ex-spouse file a motion to have it terminated:
- Avoid relocating together.
- Maintain complete financial segregation.
- Don’t split household costs.
- On no asset should you list your significant other as the beneficiary.
- Avoid purchasing anything with your significant other, including a car, a house, or any other assets.
- While you can celebrate holidays together, avoid sending out Christmas cards jointly.
- When travelling together, you should each cover your own expenses.
- Never claim to be married or engaged on social media or in any other way.
In addition, as previously noted, you can discuss alimony in your Marital Settlement Agreement and agree to something different than termination upon cohabitation.
– What Are the Defenses Used to Avoid Eliminating Alimony?
The defenses used to avoid eliminating alimony for a cohabiting spouse is the claim that the couple is living together as roommates. It is simpler for the supported spouse to sustain their need for spousal support when they have roommate connections and transitory housing.
While the other spouse is proving cohabitation to stop alimony, the cohabiting ex-spouse may argue that their need for alimony is not lessened by the cohabitation.
The cohabiting spouse contends that as their need has not altered, neither should the amount affect alimony since reasonable expenses at the time of the initial judgment are still about the same. Keep in mind that living with your boyfriend will not affect the child support you receive.
What Factors Might End Alimony if You Live With Your Boyfriend?
Factors that might end alimony if you live with your boyfriend include the distinction that you cohabitate and not simply date someone on the side. The mere fact that you are dating someone else after divorcing your spouse will not trigger the court to stop alimony payments.
However, the court will consider a number of aspects to decide whether payments should be stopped if a casual connection develops into something more serious.
The existence of a de facto marriage is insufficient in and of itself to justify stopping the payments. The supreme court will instead instruct the trial court to assess if the living arrangement eventually altered the ex-wife’s financial situation.
– Example of a Changing Financial Situation
Take this as an example of what we mean: a person receiving alimony uses that money to pay rent on an apartment. After some time, they start dating someone else, and the two of them move in together. Let’s say they share the rent and expenses equally for the purposes of this example.
On paper, the spouse who is receiving alimony is doing it in order to support someone else. But wouldn’t they have to pay rent nevertheless if it’s the same apartment? Did they get a considerable economic advantage as a result?
– Factors Determining the End of Alimony While Living Together
When determining whether alimony should be ended, the court will carefully consider a number of circumstances. Some of the queries that must be addressed are listed below:
- Do you share a home?
- Are your loved ones aware of your relationship?
- How long have you been dating someone?
- Do you and your partner have any joint assets?
- Do you both pay toward the costs of running the home?
- Are you sharing household responsibilities, having mail delivered to the same place, and are there other signs of an intimate connection that is mutually beneficial?
- Do you travel and celebrate holidays together?
- Do you address one another as “husband” or “wife”?
- Have you altered your social media profiles’ relationship status to “married”?
- Do you disclose your marriage to others?
Based on your responses to these questions, the court might conclude that you are in a relationship that is comparable to marriage even though you don’t share a residence.
Trial courts must consider a variety of factors, including how cohabitation affects your finances. A court can decide matters fairly if there is an expert divorce attorney and sufficient documentation. In general, it might be challenging to end indefinite spousal maintenance.
It’s challenging to foresee a judge’s decision in jurisdictions without legislation that clearly addresses the potential impact cohabitation may have on alimony. If you and your ex-spouse have agreed that the recipient of alimony won’t be changed by living together with someone else, your agreement will be enforceable regardless of family law.
- For allowing the less wealthy spouse to maintain a particular level of living, alimony is also sometimes granted by the courts.
- Spousal support can be terminated when the beneficiary starts living with a new partner. However, it can be difficult to tell whether a couple is actually living together or sharing costs and responsibilities.
- To assess whether the new partnership functions practically and financially in a marriage-like manner, courts must consider the entirety of the facts.
- Even if they are living with someone else, a receiver of spousal support has the right to contest a request to stop or reduce that assistance.
- Support payments cannot be stopped based on the mere suspicion that an ex-spouse is residing with someone permanently.
We believe that after reading this article, you may understand how living with your boyfriend can modify or terminate your ex-spouse paying alimony. Thus follow the steps given in this article to avoid termination of your alimony payment.
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