Isn’t Cohabitation Hard to Prove?

Cohabitation with a paramour may be a basis for modifying or even terminating alimony.  So it stands to reason that the spouse receiving alimony may try to hide from the spouse paying alimony that s/he is cohabitating with an unrelated adult.  Post office boxes and false addresses may even be used to thwart discovery of the truth, which can make it very difficult for the payor spouse to piece the proofs needed to prove cohabitation. 

Luckily for the payor spouse, s/he does not have to provide all cohabitation proofs right away.  Initially, the payor spouse needs to present to the Court only sufficient information to convince the Court that more in-depth discovery is warranted.  Then, the paying spouse will be granted the ability to use the force of the Court to compel production of the information necessary to prove or disprove cohabitation by the former spouse.  At the end, a modification or even a termination of support may be warranted.

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