Co-habitation

Aug 8, 2012 by

Question: 

I was married for 32 years before divorcing 8 years ago. I’ve been receiving alimony which was to continue for 10 years. I co-habit with someone and he and I are not married, only because I would lose out on my ex-spouse’s social security when I retire, if I do marry. Now my ex-spouse’s lawyer has sent formal papers ordering me to appear at court as my ex is contesting the alimony on the basis of my co-habitation. Is that feasible? are you not allowed to live with someone and receive alimony? if that is true, I won’t go to court but will capitulate.

State: 
Ohio

Answer: 

Unfortunately, yes, your ex can ask the court in Ohio (through his lawyer) for a modification of the original spousal support award due to ” a substantial change” in the circumstances of either party. Changes the court will consider include:

  • Altered economic conditions
  • Remarriage of the recipient
  • Death
  • Entering into a relationship in another state that would constitute a valid marriage in Ohio
  • Post-decree cohabitation
  • Payor’s increased ability to pay
  • Retirement and other circumstances.

- The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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