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How to prove cohabitation in an alimony case?

cohabitation couple moving in together

In recent years, it has become increasingly common for couples to cohabitate before getting married or having wedding plans. If you are going through a divorce and your former spouse is now cohabitating with a new partner, this new arrangement can significantly impact alimony determinations. When alimony disputes arise, one former spouse may attempt to demonstrate to the court that the other is living with another individual to prove that alimony should be terminated. Proving cohabitation can be challenging, so many attorneys turn to private investigators to conduct cohabitation investigations for their clients to collect pertinent evidence that is permissible in court and can help confirm your client’s suspicions. Proving cohabitation can be difficult, so many attorneys hire private investigators to gather evidence admissible in court. If your client needs assistance with a cohabitation investigation, consider enlisting the help of a skilled Connecticut Cohabitation Investigator from Advanced Investigations, who can help confirm your client’s suspicions. 

What is cohabitation?

Cohabitation is an arrangement where a couple lives together long-term or permanently without marriage. Essentially, when a couple lives under the same roof, carrying out the same duties and privileges as those involved in a marriage, it is considered cohabitation. Individuals in a mutually supportive intimate relationship who cohabit should consider the impact of this arrangement on family law matters such as divorce and alimony cases. When couples end their marriage, they have to determine the terms that will apply to the termination of their marriage, such as custody, child support, alimony, and property division. Alimony is one of the most contentious issues couples face as it is a court-ordered maintenance payment that the higher-earning spouse must provide for financial support to the lower or no-earning spouse.

Alimony can often be a substantial financial burden for the payor spouse, especially when they are also responsible for covering costs associated with their child’s basic needs. When there are significant changes in an individual’s circumstances, it is possible to reduce or eliminate alimony costs. One change in circumstances that can terminate an alimony agreement is if the other spouse lives with their new partner.

Can alimony be terminated if my former spouse lives with their new partner?

If an individual can prove that their former spouse is cohabitating with their new partner, it could be a sufficient change in circumstances that reduces or eliminates the alimony the cohabiting spouse receives. As mentioned above, many lawyers turn to private investigators to conduct cohabitation investigations to gather evidence of their former spouse’s residential status to help prove their claim to the court. A private investigator can help uncover evidence that they are not only sharing a residence but have begun splitting rent costs and other residence expenses. They can show that they are fulfilling the same duties and privileges as couples would in marriage by capturing photographs of the former spouse cleaning, doing yard work, cooking, walking a shared pet, or doing any other work around the residence.

As you can see, lawyers can benefit significantly from enlisting the assistance of a private investigator. If your client unfairly pays alimony to an ex-spouse living with a new partner, contact a skilled Connecticut cohabitation investigator from Advanced Investigations, who can help you recover evidence proving cohabitation to reduce or eliminate alimony payments.

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