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Proving Cohabitation

Alimony is support paid to an ex-spouse following the divorce decree. The amount of alimony is largely based on the incomes of the parties but may also be affected by the distribution of the other assets, if any. Unless otherwise stated by agreement, alimony may be subsequently modified due the changed circumstances of either party. The changes must be substantial and of a continuing nature. Generally, the length of alimony is directly attributable to the length of the marriage such that the longer the marriage, the longer the term of alimony one may expect.

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In Pennsylvania, alimony will terminate upon remarriage or cohabitation of the party receiving alimony with an unrelated partner. It may be difficult to prove there is in fact a cohabitation relationship as the party seeking to terminate alimony. Case law establishes that you need to show more than just some overnight visits. Starting points may include if both the party receiving alimony and their partner receive mail at the same address, if any utilities for the home are in their name, or if they have been added to the lease or mortgage. A private investigator may also be utilized to observe the comings and goings and report back as to whether the parties staying together is a regular occurrence as opposed to an occasional visit. This option can become very expensive since you will need to hire the investigator over a period of time to establish a pattern of conduct.

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