Legal Question in Family Law in New York

Maintenance payments and cohabitation

My wife and I are separated. She and our 2 little girls live 100 miles away in a rented house. She shares this house and all expenses with her girlfriend. They may or may not have a sexual relationship. I currently pay her 750/week support (500) and maintenence (250).

Is she entitled to maintenance considering she shares the house with her live in friend and her kids and that ALL expenses are split??


Asked on 12/02/06, 8:31 am

2 Answers from Attorneys
Seth Kaufman Kaufman PLLC

Re: Maintenance payments and cohabitation

Depends on the provisions of the order/agreement by which you pay maintenance. Speak with your attorney or call our office to discuss the specifics of your case.

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Answered on 12/03/06, 11:37 pm
Allison Worthington

Re: Maintenance payments and cohabitation

Various issues come into play regarding maintenance. For example, does your wife have a job? What standard of living was she accustomed to during the marriage? What are her expenses now that she is living apart from you? What are the reasons for your paying maintenance (e.g. Were you ordered to do so by the court or is this an agreement that you and your wife worked out on your own?) Feel free to email me if you wish to discuss this some more or make an appointment for a consultation.

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Answered on 12/02/06, 11:55 am


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