For many, alimony is a contentious issue. However, when you discover that your ex-spouse is living with a new partner, this can make matters even more frustrating. As such, you may wonder how this new cohabitation arrangement will impact whether or not you must continue making payments. If this reflects your circumstances, you’ll want to keep reading to learn if you can request a change and the importance of working with Long Island alimony lawyers to help you fight for your best interest.
What Factors Influence Alimony Payments in New York?
In New York, alimony is only awarded when the courts determine it is necessary for the requesting spouse. The court cannot automatically award alimony to the lesser-earning spouse. As such, the following factors are considered when the courts determine whether or not to award spousal support:
- The age and health of each spouse
- The income and earning capacity of each spouse
- If one party sacrificed their career to support the other
- If the non-working party requires additional education to obtain employment
- The state of the job market at the time of this decision
- If the couple shares children, who the primary caretaker is
- The tax implications of alimony payments
- Any other factors the court deems relevant
Will Cohabitation End Spousal Maintance?
If you discover that your ex-spouse is currently living with a partner with whom they are not married, this is considered cohabitation. Generally, you’ll find that in these circumstances, the paying party can request a termination or modification of alimony payments.
The primary purpose of alimony is to help financially support a spouse following their divorce. However, when their finances change and they begin living with a new partner and sharing expenses, this can warrant a change in circumstances. Generally, for the change or termination of alimony, you’ll find that the court must first examine the living situation of the spouse. It’s not uncommon for people to have roommates, and simply living with another person doesn’t automatically warrant the end of payments. However, if they are in a relationship with this person and have shared expenses or bank accounts, the court may deem the living arrangement to resemble that of a married couple.
It’s important to understand that if you discover that your spouse is cohabiting with someone else, you cannot simply stop making your alimony payments. You must formally petition the court, which will then order a modification or the termination of payments. If you stop paying without a court order permitting you to do so, you can face legal consequences like being held in arrears for missed payments.
If you wish to stop paying alimony as a result of your ex-spouse cohabiting with a new partner, it’s imperative to connect with an experienced attorney to assist you in this process. At the Sklavos Law Firm, our team understands how difficult these circumstances can be, which is why we can help you through these matters. Contact us today to learn more.