Can Spousal Support Be Modified Due to Cohabitation?

Picture this scenario: you’re diligently paying spousal support to your ex-spouse, helping them transition to financial independence after divorce. Then, you find out they’ve moved in with a new partner. Frustration and questions arise immediately. Should you still be obligated to provide financial support when they are seemingly sharing expenses in their new living arrangement?

At Robbins & Licavoli, we understand the challenges and emotions that come with this situation. Fortunately, it may be possible to adjust your spousal support order to account for these new circumstances. In the following sections, we’ll discuss the key factors that influence your ability to modify spousal support in light of your ex-spouse’s new cohabitation.

Why Does Spousal Support Exist?

Spousal support, often referred to as alimony, is designed to help the lower-earning spouse maintain some level of financial stability or adapt to life post-divorce. It’s not about punitive measures or rewarding sacrifices made during the marriage. Instead, the court seeks to bridge the financial gap and provide a path toward self-sufficiency.  

Cohabitation and Spousal Support Modification

The General Rule

Spousal support agreements traditionally terminate upon remarriage. Courts view remarriage as an indicator that the dependent spouse has financial support from their new partner, eliminating the need for alimony.  

The Ambiguity of Cohabitation

However, not all relationships lead to marriage. Increasingly, ex-spouses move in with their new partners without legalizing the relationship, creating ambiguous financial dynamics. The natural question arises: can cohabitation also trigger modification or termination of spousal support?  

The Role of the Judgment of Divorce (JOD)

The language in your Judgment of Divorce (JOD) plays a critical role here. Over the years, divorce lawyers have increasingly included clauses that address cohabitation as grounds for terminating spousal support. For example, a JOD might stipulate that support ends not only upon remarriage but also when the recipient resides with someone in a marriage-like relationship. If your divorce agreement includes such a clause, then cohabitation could trigger the termination of spousal support.

The Shifting Views of the Courts

Michigan courts are becoming more open to spousal support modifications in these situations, acknowledging that cohabitation often leads to shared living expenses and financial interdependence with the new partner. However, each case is evaluated on its individual merits, and the court’s decision may vary. That’s why it’s important to prove that the recipient of spousal support is indeed cohabiting and benefiting financially from their new partner.

Steps to Take if You Believe Your Ex-Spouse Is Cohabitating

If you suspect that your ex-spouse is cohabitating with someone new and you wish to modify or terminate your obligation, here are some steps to consider:

1. Consult with a Michigan Spousal Support Attorney  

The laws around spousal support modifications due to cohabitation vary and can be complex. Consulting an experienced family law attorney ensures you understand your rights and options.

2. Gather Evidence of Cohabitation  

Proof is essential for any legal claim. Evidence demonstrating that your ex-spouse is living with a new partner could include:

• Lease or mortgage agreements showing joint living arrangements.
• Shared bills or financial accounts.
• Observations of shared living arrangements from private investigators or other reliable sources.  

3. File for a Modification of Spousal Support  

Once you’ve consulted legal counsel and gathered evidence, the next step is to file for a modification of your spousal support agreement. Michigan courts will review your claim, analyze the presented evidence, and assess whether cohabitation justifies altering or ending the spousal support payments.  

4. Be Prepared for Pushback  

It is common for the opposing party to argue that their living arrangement is merely a roommate situation and not actual cohabitation. To counter this claim, it is essential to have comprehensive evidence that demonstrates a deeper level of shared life beyond simple co-residency.

When You Need Legal Guidance, Turn to Robbins & Licavoli

Cohabitation and its impact on spousal support can quickly become a contentious issue. That’s why it’s vital to have skilled legal representation on your side to safeguard your financial interests. At Robbins & Licavoli, we pride ourselves on providing personalized legal support, helping hundreds of clients in Oakland County and across Michigan attain equitable resolutions in family law cases. 

If you believe your spousal support agreement needs to be modified due to changes in your ex-spouse’s living situation, contact us today. We’re here to assist you every step of the way.