Legal Question in Family Law in Ohio
Cohabitation Clarification
My husband's ex spouse is moving in with a boyfriend. There is a cohabitation clause in their dissolution papers. She says her lawyer told her that if she splits the bills down the middle my husband can not take away alimony. My husband was under the impression by the cohabitation clause it meant that is doesn't matter if they split the bills. Do we have a leg to stand on if we go to court?
1 Answer from Attorneys
Re: Cohabitation Clarification
The court has broad discretion in determining spousal support. Three factors that are usually determinative as to whether a co-habitation clause has been triggered are: 1) The parties are actually living together. 2) They have been living together for a sustained duration of time. 3)They have been sharing expenses with respect to financing and day to day incidental expenses.
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