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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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#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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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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(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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#191828 - 02/06/07 03:24 PM Re: Cohabitation and Alimony [Re: DivorcePlease]
Rebecca5 Offline
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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
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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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#191831 - 02/07/07 12:13 AM Re: Cohabitation and Alimony [Re: DivorcePlease]
Gecko Offline
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Loc: Third rock from the sun
UNLESS your decree contains a cohabiting clause...just pay the money.
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#191832 - 02/09/07 02:19 PM Re: Cohabitation and Alimony [Re: Gecko]
DivorcePlease Offline
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Registered: 02/06/07
Posts: 8
Why would I need a cohabitation clause if that is already covered by State Law? I also don't understand how everyone can say just pay the money.

How would you feel if the money you were paying your ex-spouse went towards supporting her and her new boyfriend? If she were living on her own and trying to improve her chances of some day earning an income to support herself then I wouldn't have as much of a problem paying her the money. Why should I have to do without because I was married to her and now I'm not?

I could do a lot with $900 a month for the next two years! When we were married I tried several times to get her to go to school and make a career that she might like. She didn't want to do that because she wanted to work a part time job and then sit at home and watch TV and talk on the phone the rest of the day. How is that my problem now?

Thanks for your input but unless you know PA law and have some meaningful advice please keep you pie hole shut!

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#191833 - 02/09/07 05:50 PM Re: Cohabitation and Alimony [Re: DivorcePlease]
Gecko Offline
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Registered: 06/02/04
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Loc: Third rock from the sun
Why would I need a cohabitation clause if that is already covered by State Law?

---> Because a divorce decree, in some instances, can superceede state law. And NEVER depend on State law to bail you out of stupidity!

I also don't understand how everyone can say just pay the money.

---> Why not? Pretty easy to do...Just...pay...the...money. Not hard at all.

How would you feel if the money you were paying your ex-spouse went towards supporting her and her new boyfriend?

---> Lucky.
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If you air your dirty linen in public, expect people to comment on the skid marks!

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#191834 - 02/09/07 08:13 PM Re: Cohabitation and Alimony [Re: DivorcePlease]
madalex Offline
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Registered: 01/08/07
Posts: 261
Quote:
Why would I need a cohabitation clause if that is already covered by State Law? I also don't understand how everyone can say just pay the money.


Put the clause in the settlement agreement. It may be belt and suspenders, but better safe than sorry.

Quote:
How would you feel if the money you were paying your ex-spouse went towards supporting her and her new boyfriend? If she were living on her own and trying to improve her chances of some day earning an income to support herself then I wouldn't have as much of a problem paying her the money. Why should I have to do without because I was married to her and now I'm not?


I do pay spousal support to a former spouse who has (in the two years since divorce) made no effort to get a job and who uses the money to support herself and her new boyfriend. I don't particularly like it, but I chalk it up to the cost of getting rid of her.

Quote:
I could do a lot with $900 a month for the next two years!


You may not realize that spousal support is tax deductible, so the actual cost to you is not $900/month, but rather less than $700/month (assuming the 25% tax bracket). While that may still seem like a lot of money, the tax deductibility does help cushion the blow somewhat.

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#191835 - 02/09/07 08:39 PM Re: Cohabitation and Alimony [Re: madalex]
googledad Offline
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If you have a cohabitation clause in your sep. agreement you're home free including including repayment from the date of filing and attorney's fees . See Lobaugh vs. Lobaugh .
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#191836 - 03/04/07 08:17 PM Re: Cohabitation and Alimony [Re: googledad]
payingtoomuch Offline
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Registered: 03/04/07
Posts: 3
Hi,
I live in Massachusetts, currently I'm paying quite a bit of alimony to my ex wife (also in MA) and have been for 10 years. A year ago we modified the agreement, giving me a lower weekly rate and an end date in several years, but it's still a sizable amount. My ex agreed to the reduction a year ago because she was living with another man.

Recently I have lost my job, and although I'm actively searching for another one there's nothing on the horizon and I don't like the prospect of paying my ex all of my unemployment insurance to support her and her boyfriend while I dip into my retirement to pay my monthly expenses.

My question: Are there any laws or resources in Massachusetts that might help me eliminate alimony either for the time I'm out of work or permanently? Maybe an approach I could use before the court?
Thanks...

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#191837 - 03/04/07 08:38 PM Re: Cohabitation and Alimony [Re: payingtoomuch]
googledad Offline
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Registered: 12/31/05
Posts: 10213
You should start your own thread .
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#191838 - 03/04/07 09:04 PM Re: Cohabitation and Alimony [Re: googledad]
payingtoomuch Offline
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Registered: 03/04/07
Posts: 3
Re: I should start my own thread.
Thanks, you're right, I've done so.

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