In Connecticut, alimony orders can be modified or even terminated if an alimony recipient begins residing with another person, and if this cohabitation arrangement significantly improves the alimony recipient’s financial circumstances. Here is what alimony payers and recipients need to understand about cohabitation and its impact on alimony.
Cohabitation and Its Impact on Finances
After a divorce, alimony orders can be modified when either the payer or the recipient experiences a significant change in circumstances, such that it would no longer be fair for the recipient to continue receiving the same level of alimony from the payer. One common scenario is when the recipient starts living with another person (or people), such as a romantic partner, family member(s), or roommate(s). Theoretically, moving in with another person will decrease the alimony recipient’s living expenses, such as rent or mortgage, utilities and groceries. The amount of any such decrease is often the subject of dispute between the former spouses.
Modifying Alimony Orders: What Payers Need to Know
Often, alimony recipients will not inform or admit to their former spouse that they have begun cohabitating with someone. But the alimony payer may find out through their children or through the grapevine.
If you are paying alimony and you suspect that the other party has begun living with someone, you can file a motion with the court to modify the alimony orders. You will then have the burden of proving two prongs: that the cohabitation does in fact exist, and that the alimony recipient’s financial situation has been significantly impacted for the better as a result.
In difficult cases, alimony payers hire a private investigator to surveil the home to see how often the third-party is staying there at night. As long as the investigator is licensed in the State of Connecticut, he or she can testify in court as to what he or she has observed. Other third parties, such as neighbors and family members, may also be called to testify. The court will also consider documentary evidence, including proof of shared residence, such as the ex-spouse and new partner or roommate having the same address on their driver’s license, vehicle registration or utility bills, or both names on lease or mortgage documents.
Sometimes, the alimony recipient will admit to the cohabitation but will not admit to an improvement in his/her financial condition as a result of the cohabitation. Once cohabitation is established, depositions will often need to be taken of the alimony recipient and the person (or people) with whom they live to uncover the degree to which funds and bills are being co-mingled. Other evidence of financial interdependence can include bank records and credit card statements.
Considerations for Alimony Recipients
Before moving in with someone else, alimony recipients should carefully weigh the financial implications and the possibility that their new living arrangement could put their alimony payments at risk.
The family law attorneys at Ruel Burns Feldman Kukucka & Britt, LLC have extensive experience serving as trusted advisors and representing clients in divorces, modifications, and appeals in Connecticut. If you are considering a divorce or seeking a modification or appeal of your divorce, alimony, or child custody orders, contact our family law attorneys at 860-206-9096 or online.