In New York, cohabitation after a divorce can significantly alter spousal support obligations. The purpose of spousal support, also known as alimony, is to help the lower-earning spouse maintain a lifestyle similar to what they enjoyed during the marriage. Please continue reading to understand how cohabitation impacts spousal support payments, the steps required to prove it, and why consulting an experienced Nassau County Alimony Lawyer is crucial for guidance.
What is Cohabitation?
First and foremost, cohabitation refers to a living arrangement where two people, who are romantically involved, share a common residence without having legally formalized their relationship through marriage. This arrangement typically involves shared household responsibilities, a pooling of financial resources, and a mutual commitment to a domestic partnership. However, unlike married couples, cohabiting partners don’t possess the same legal rights, protections, and obligations that are inherently conferred by a marital union.
When a recipient spouse, who is receiving financial support from their ex-spouse following a divorce or separation, enters into a romantic relationship and begins cohabitating with a new partner, it can create a basis for re-evaluating he necessity for continued financial assistance from the former spouse. The underlying rationale for this consideration is that if the recipient spouse is having a household and financial burdens with someone, their overall financial needs and living expenses may be substantially altered. Consequently, the coencomi support that was previously deemed essential may no longer be considered necessary to maintain a comparable standard of living.
How Do I Prove Cohabitation to Modify or Terminate My Spousal Support Obligation in NY?
New York courts consider a wide range of factors when determining whether cohabitation should result in a modification or termination of spousal support. These factors may include the duration of the cohabitation, the extent of the financial interdependence between the cohabitating partners, whether they present themselves as being in a marriage-like relationship, and the nature of their romantic involvement.
The burden of proof generally lies with the payor spouse to demonstrate that the cohabitation has altered the recipient spouse’s financial circumstances to the extent that ongoing support is no longer warranted. This entails presenting evidence of shared expenses, joint accounts, or a commingling of assets.
Furthermore, agreements between ex-spouses, such as prenuptial or postnuptial agreements, may contain specific provisions addressing cohabitation. This can override or influence statutory presumptions.
If you are facing issues related to spousal support in New York, whether as payor or recipient, it’s in your best interest to seek legal counsel. At The Law Offices of Eyal Talassazan, P.C., we are prepared to help safeguard your rights and fight for a fair resolution. Connect with our firm today for more information.
