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One of the more difficult things to live with after a divorce is the payment of alimony (or spousal support as it is known in Michigan) to an ex-spouse.  The modification or elimination of spousal support is a complicated issue but one that I have handled many times over the thirty years that I have been a practicing divorce lawyer in Oakland County, Michigan.  This blog is written to generally address whether cohabitation by an ex-spouse with someone whom they have a romantic relationship is a reason that the courts may reduce or eliminate spousal support.  If you have questions about modification of alimony, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.

Can I Reduce My Alimony If My Ex Is Living With Someone?

The answer is a definite maybe.  In order to reduce or modify alimony, you must first show there has been a relevant change in circumstances before the court can consider a modification.  Cohabitation is considered by law a change of circumstances that will allow the court to consider a modification of alimony and will get you across that threshold at least.

The term cohabitation is very specifically defined by case law.  In many cases, the ex will try to claim they are not really living together and that means you have to prove the cohabitation.  There is a laundry list of different items that the court has developed over time to prove that parties are living together or cohabiting.  This list includes such things as does the other person maintain another residence, do they both get their mail at that address, are there clothing and toiletries kept there,  do they share the costs or bills associated with the residence, do they share a bank account, how many nights do both of them sleep there, and many more.  

Once you can prove cohabitation, then this give the court the ability to consider whether or not this cohabitation should result in a reduction of the alimony.  Then it will be up to the court to decide whether the cohabitation by itself is enough to show that the alimony is no longer required.  It will help the case if there are some other factors at play for the court to consider such as a reduction in your own income, an increase in the ex's income, a high living standard of the ex and the romantic partner, or other relevant information that shows it is no longer equitable or required for you to continue paying the support.

This is a very complicated and emotional area of the law and it is strongly advised that you have good legal counsel to assist you through the process.  If you think you might be able to reduce your spousal support obligation, please contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.