Every state has faced the issue of alimony when a couple has divorced and how to handle cohabitation with the ex-spouse that receives alimony.
Florida is no exception and it is an issue I face with all of my clients that face alimony or are already paying alimony. However, in Utah, the courts are taking steps towards to eliminating alimony obligations when the ex-spouse resides with a new partner.
A recent ruling in the Utah Court of Appeals agreed with the trial court’s ruling that the husband should stop paying his $7,000 a month alimony obligation after it was determined that the ex-wife started living with her new boyfriend.
The case focused on the interpretation of the word “cohabitation.” The trial judge considered three factors.
- a shared residence;
- an intimate relationship;
- common household involving shared expenses and shared decisions.
Of course, one issue that won’t change is that partners simply won’t reside with each other and keep their expenses separated.
Representing clients in the areas of Chapter 7 Bankruptcy, Family Law/Divorce, and car and motorcycle accidents for 20 years.
(904) 712-5565 or (305)-688-LAWS (5297).
*Se Habla Español