Legal Question in Family Law in Utah

Cohabitation and alimony

Divorced in Utah in 1996 after 22 years of marriage, now resident of California. I am paying alimony and the divorce decree states alimony will continue ''until legally terminated.'' I have recently discovered that ex- has moved in with her fiance, and this was verified by an adult daughter. Utah law says alimony is terminated upon cohabitation by receiving party so what is required to legally establish cohabitation sufficient to terminate alimony? What would be my next step regarding court orders?


Asked on 1/05/06, 5:06 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Cohabitation and alimony

File a petition to modify the decree and terminate alimony. You will need 1 or 2 affidavits from witnesses who personally know of the co-habitation - or get a private investigator. Your alimony obligation continues until the order is terminated. However your petition to modify can state the date of cohabitation and request that alimony terminate as of that date. You may call for a free consultation.

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Answered on 1/05/06, 5:44 pm


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