All within family law, divorce is a legal process that leads to other sets of agreements, child support, legal responsibilities, and other support obligations, making it not something as simple as signing a legal document. One of the primary responsibilities is alimony or spousal support, depending on the state you live in. According to the state laws, there are a few factors that can help determine the amount of alimony for each case. Common considerations include spouse’s age, present and future earning ability of both parties, length of the marriage, and presence of domestic violence. Alimony orders contain specific terms of when the support ends, along with if and when it can be modified. Today, we at Advanced Private Investigators & Security of Miami, FL would like to further discuss terminating alimony due to cohabitation. Generally, a significant change of circumstances needs to be shown to obtain a new alimony order. Evidence that can potentially modify the order include the following list below.
– If there was an increase in income by the supported spouse.
– A decrease income or loss of a job is proven.
– If due to an illness, the spouse stopped working.

What Can Cancel Alimony?

Terminating spousal support is usually done 1 of 2 ways; if the supported spouse marries again or if one of the parties dies. There is a third way, however, being cohabitation. The alimony can be legally terminated if the supported spouse starts cohabiting with a person on a “resident, continuing conjugal basis,” indicating a marriage-like relationship.

Does Spousal Maintenance Stop if I Cohabit?

Being more complicated than proving that she or he has been remarried is proving that the supported party is cohabitating. For modification or termination of alimony, there needs to be evidence of a de facto relationship presented to the court. Sexual relationships don’t need to be proven by court orders. It needs to be more than that your ex-spouse is living with another person, nonetheless.

What Do Judges Look at when Determining Custody?

Proving that the supported spouse is in a de facto relationship but does not live together can be challenging. Though it’s not impossible, this scenario complicates the case more. The law doesn’t define the length of cohabitation. They use several factors to assess the relationship when judges are involved in a cohabitation case.
1) The relationship’s length.
2) The spent amount of time together.
3) The persons involved type of activities they do.
4) The interrelation of their personal affairs.
5) The partners’ vacations.
6) If together they spend the holiday.

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Due to cohabitation, judges take into consideration these factors to determine whether or not to terminate the alimony. The one who pays spousal support, the burden of proof relies on. Depending on the case, this could change. Each individual case presents different circumstances. You can’t determine your case based on other State laws, for example, since each state has its alimony laws. It is crucial to your case that this is one of the main reasons why hiring a professional in your state. To help you with your case from a professional with knowledge of your area’s laws, seek legal advice. With the help of a private defective, such as Advanced Private Investigators & Security of Miami, FL, we can help attain the proof you need with surveillance and other investigations.