Cohabitation
What is Cohabitation?
First, let’s begin with a clear definition. Cohabitation is simply the act of two people living together in a sexual relationship without being married. Of course, what constitutes cohabitation is different depending upon the state in which you live. In Utah, cohabitation may affect alimony, also known as spousal support. In some instances, it may even affect child custody arrangements. During the final analysis, the court determines whether or not spousal support is granted, the amount granted, and how long the spousal support will continue. Additionally, the court may take infidelity into consideration or other matters that contributed to the divorce. Either way, it can be a lengthy and complicated process where consulting a divorce attorney is recommended.
Let’s look at an example. You and your spouse decide to divorce due to irreconcilable differences. The court stipulates that you are to pay your ex-spouse several thousand dollars a month in spousal support. The court considers many factors when coming up with the actual amount of alimony. Regardless, in Utah, spousal support can only be terminated or adjusted for a few reasons.
Death of the Recipient: In our example from above, if your ex-spouse dies (or you die) then you no longer pay spousal support.
Remarriage of the Recipient: If your ex-spouse remarries, then spousal support can be terminated.
Cohabitation of the Recipient: If your ex-spouse begins living with someone in a sexual relationship without being married, you may petition the court to adjust or terminate spousal support.
As a reminder, the above examples refer to cohabitation within the state of Utah. The laws in other states may differ. For example, in Colorado, the act of cohabitating is not, by itself, necessarily grounds to end or even modify the amount of alimony someone is paying. Before conducting a cohabitation investigation, it is imperative that you familiarize yourself with the state laws in your area.
Proving Cohabitation
Knowing someone is cohabiting and proving it are two entirely different things. Unfortunately, proving cohabitation may or may not end your obligation to pay alimony. The court has the final say. For this reason, proving cohabitation in Utah requires a private investigator to demonstrate that the ex-spouse is living in what the courts call a spouse-like relationship. With this in mind, I recommend a careful reading Haddow v. Haddow, the 1985 Utah case decided by the Utah Supreme Court. Typically, proving cohabitation involves about three factors. Continuing with our example from above:
Your ex-spouse and partner live in the same residence
Your ex-spouse and partner are in a sexual relationship
Your ex-spouse and partner share expenses and demonstrate joint decision-making
Of course, there are other factors to consider:
Length of time your ex-spouse and partner have been living together
Sharing of parenting duties
Evidence your ex-spouse’s financial situation has changed as a result of the cohabitation
With these factors in mind, how does a private investigator prove cohabitation? I’ve outlined six steps to proving cohabitation. Bear in mind, a typical cohabitation investigation can take three to four weeks and cost at least a couple of thousand dollars or more.
Information courtesy of PINow.com