How Does Cohabitation Affect My Alimony?
After a divorce, one or both of the parties may enter into a new relationship. Whether or not the former spouses decide to remarry, they may eventually cohabitate with their partners. Importantly, if you decide to move in with someone with whom you are in a romantic relationship or remarry, any alimony awarded to you in your divorce action could be impacted. Pennsylvania law strictly prohibits a party from continuing to receive alimony in the event of cohabitation.
What is Cohabitation in Pennsylvania?
Pennsylvania law specifies that a former spouse is not entitled to receive alimony payments when they have “entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity.” For the purposes of the statute, “cohabitation” means that two people are living together in a romantic relationship, similar to a husband and wife.
In other words, cohabitation means sharing a residence full time. In addition, cohabitation relationships often involve commingling finances and assets. One cohabitating partner may also be financially dependent upon the other. Visits or occasional overnight stays do not qualify as cohabitation.
Cohabitation and Terminating Alimony
While a court-ordered alimony award will terminate automatically upon remarriage, the paying party must prove cohabitation in order for alimony to end. Notably, when a divorce action is resolved outside of court and alimony was part of the settlement agreement, the terms should specify the conditions upon which alimony terminates. A court will typically enforce such an agreement.
If you believe your former spouse is cohabitating with their partner and you seek to terminate their court-ordered alimony award, you cannot unilaterally decide to stop making payments. You must submit a petition to the court that issued the divorce judgment requesting that a judge order alimony be ended. However, you must also be prepared to prove your case — not only must you show that the relationship is romantic in nature, but also financial. Proof of cohabitation can typically be established through photos, joint mortgage or lease documents, utility bills, witness statements, public records, and social media posts.
In some cases, it may be necessary to use a private investigator to obtain the necessary evidence. But it’s important to ensure that the evidence you have obtained is also admissible in court. If the court determines that alimony should be terminated, the order will be retroactive to the date the motion was filed.
How Does the Court Determine Alimony?
Alimony is not automatic in Pennsylvania. If spouses do not reach a settlement regarding alimony outside of court, it will only be awarded by a judge in cases where there is a financial need for it — and the supporting spouse has the ability to pay. A court will evaluate a number of factors to determine whether alimony is appropriate, including the following:
- The income and earning capacity of each spouse
- Each party’s age, physical, and mental health
- The duration of the marriage
- The expected future earnings and inheritances of the spouses
- Either spouse’s contributions to the education, training, or increased earnings power of another
- Each spouse’s assets and liabilities
- The standard of living during the marriage
- Each spouse’s financial needs
- The property each spouse brought into the marriage
- A spouse’s contributions as a homemaker
- Whether a party’s role as primary caretaker for the children prevents them from working
- Marital misconduct on the part of either spouse
- Tax consequences of an alimony award
- Whether the spouse seeking alimony is incapable of supporting themselves
- Any other factors the court considers to be relevant
Apart from terminating alimony payments due to remarriage or cohabitation, either party may make a motion to modify or terminate court-ordered alimony at any time if there has been a material change in circumstances. The moving party will need to present evidence of the changed circumstances. Some common reasons a court may grant a modification might include medical emergency, disability, involuntary loss of employment, or the supported spouse has experienced a significant increase in income.
Pennsylvania law also allows for a suspension of alimony payments or the creation of a new order in certain cases. It’s crucial to note that if alimony was stipulated in a settlement agreement, it may be non-modifiable unless it is specifically stated that it may be subject to change if certain conditions are met.
Contact an Experienced Pennsylvania Divorce and Family Law Attorney
Whether you are the party receiving alimony or the spouse paying it, a knowledgeable divorce attorney can advise you of your legal rights and options. At Berman & Associates, we are committed to providing skillful counsel and reliable representation for alimony issues and divorce matters. Contact us today to schedule a consultation at our Media office.