Legal Question in Family Law in New York

cohabitation and spousal maintenance

My girlfriend and I would like to live together. We are both divorced however she receives spousal maintenance from her ex husband. How is the law spelled out regarding our cohabitation? Are we allowed to or are there conditions?

Thank you in advance for your prompt response


Asked on 11/29/05, 5:59 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: cohabitation and spousal maintenance

Often, if an EX spouse receives alimony, living with another WILL End the obligation of the payor Ex spouse, to pay alimony/maintenance.

Also, an Ex spouse, living in or in possession of the marital abode, can lose the right to receive contributions toward maintenance of a house or the marital abode. Which means, that a "payor" EX spouse will still be entitled to receive their full equitable share of real and personal property (and its appreciated value), without necessity of contribution from the date the payee EX, begins living with another, in "a marital state", whether legally married or not.

One rationale the Courts use, is that an EX Spouse, should not be required to support, directly or indirectly, the care, health or well being of an Ex spouse's partner, as it is considered entirely too offensive, to maintain civility and public order.

Good luck,

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Answered on 12/02/05, 9:25 pm


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