Modification of Alimony or Termination of Alimony and Cohabitation, PostJudgment Motions after a Divorce
Modification of Alimony or termination of alimony when there is cohabitation requires a two step process. First, the party paying the alimony must prove that there is cohabitation. Upon a prima facie showing of cohabitation, the other party then has the burden to show that they are not receiving or giving support to the unrelated person that they are cohabitating with.
Generally, showing cohabitation requires the hiring of a detective agency so that a report may be generated for the Court of surveillance that shows cohabitation. Surveillance of the party cohabitating may be done over days or many weeks, depending, to obtain the evidence necessary to show a prima facie case of cohabitation.
Upon obtaining a positive report, the party paying alimony may file a motion requesting that alimony be terminated or modified based on the finding of cohabitation. The party cohabitating then has the burden to show that in fact they are not receiving or giving support to the party they are cohabitating with.
Green & Associates has experience with the surveillance required to generate the necessary proofs for a Motion for Modification of Alimony and can help you terminate alimony if your ex-spouse is now living with another person that they are receiving support from. Call us to talk further about your case.