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#191821 - 02/06/07 01:51 PM Cohabitation and Alimony
DivorcePlease Offline
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Registered: 02/06/07
Posts: 8
I live in PA and I am almost divorced. We have a Marital Separation Agreement already filed with the court that states she will get alimony for two years and that all of our property is already split and that we agree to these terms. We filed all of this paperwork almost 90 days ago and now itís time to file the last couple of items so the divorce can be final soon.

Since the time of filing all the paperwork I have recently discovered that she has been living with her boyfriend for about 3 months. I want the divorce to be final ASAP but I also would like to get out of paying her alimony if I donít have to.

My question is should I just let the divorce process continue and then file a motion to stop paying her after the divorce is final? Everything that I have read states that PA is one of the states where alimony stops if the party receiving the alimony is cohabitating.

Any help is greatly appreciated. In case you are wondering I only used an attorney to start the process and I have been completing and filing all of the paperwork on my own.

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#191822 - 02/06/07 02:27 PM Re: Cohabitation and Alimony [Re: DivorcePlease]
TGSM Offline
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Registered: 02/07/05
Posts: 5856
I think you need to weigh the potential cost to fight this. How long were you married? What are the differences in income? Is the amount you are set to pay going to be high? Take a look at what the attorney fees would be to fight it as well. Put it all out on paper before you make up your mind.
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Faith-a f*rm belief in something for which there is no proof...complete trust.~Merriam Webster

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#191823 - 02/06/07 02:31 PM Re: Cohabitation and Alimony [Re: DivorcePlease]
Rebecca5 Offline
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Registered: 06/03/05
Posts: 11697
Loc: Down home.
Are you paying reimbursement alimony, or rehabilitative alimony?

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#191824 - 02/06/07 02:45 PM Re: Cohabitation and Alimony [Re: Rebecca5]
DivorcePlease Offline
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Registered: 02/06/07
Posts: 8
It's not specified in PA. What I have read states that it doesn't matter if she is cohabitating and she has already admitted that in emails and I am even sending the paperwork to his address.

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#191825 - 02/06/07 02:54 PM Re: Cohabitation and Alimony [Re: DivorcePlease]
googledad Offline
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Registered: 12/31/05
Posts: 10213
ß 3706. BAR TO ALIMONY.
No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity.

From Pa Domestic Relations Law
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#191826 - 02/06/07 03:23 PM Re: Cohabitation and Alimony [Re: googledad]
DivorcePlease Offline
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Registered: 02/06/07
Posts: 8
Thanks! That is the reference that I had seen before. Do you have to file a motion to stop paying?

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#191827 - 02/06/07 03:24 PM Re: Cohabitation and Alimony [Re: DivorcePlease]
googledad Offline
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Registered: 12/31/05
Posts: 10213
(e) Modification and termination.-An order entered pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made. Any further order shall apply only to payments accruing subsequent to the petition for the requested relief. Remarriage of the party receiving alimony shall terminate the award of alimony.
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Careful. We don't want to learn from this.

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#191828 - 02/06/07 03:24 PM Re: Cohabitation and Alimony [Re: DivorcePlease]
Rebecca5 Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 11697
Loc: Down home.
I had read an article by an attorney in PA that stated...

Well...hold on...

http://www.divorcehq.com/articles/alimonypenn.html

"Depending on the facts of a particular case, alimony can be awarded to allow a spouse a specific amount of time to "rehabilitate" himself or herself (often termed rehabilitative alimony), for the rest of that spouse's lifetime (often termed permanent alimony), or until a specific condition is met in the future. Another type of alimony payable in Pennsylvania is "reimbursement alimony." Reimbursement alimony is awarded to a spouse to reimburse them for expenses incurred by the other spouse such as when one spouse pays for the majority of marital debt or when one spouse supported the family while the other pursued an education. In Pennsylvania, alimony, except reimbursement alimony, is usually terminated when the recipient spouse begins residing with another person in a marriage-like relationship or when the recipient spouse remarries or dies."

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#191829 - 02/06/07 03:27 PM Re: Cohabitation and Alimony [Re: DivorcePlease]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
Yes , you have to file a motion to terminate or modify the order .

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#191830 - 02/06/07 03:40 PM Re: Cohabitation and Alimony [Re: googledad]
DivorcePlease Offline
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Registered: 02/06/07
Posts: 8
Thanks for all the responses! I read the earlier post and I would guess the alimony type would have to be rehabilitative since I was the one paying the house payment, car payments and the rest of the money to maintain the house. No children involved and she is not handicapped or not able to work.

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