Sunday, July 24, 2011

Cohabitation and Spousal Support (“Alimony”)

It is prudent to add a provision to your final Decree of Divorce to include a “cohabitation” order regarding an award of spousal support (“alimony”). Such provisions may be worded:

IF HUSBAND ORDERED TO PAY SOUSAL SUPPORT:

IT IS FURTHER ORDERED that spousal support shall terminate upon Wife’s remarriage, death or cohabitation with an adult male in an economic sharing relationship. The court shall retain jurisdiction to modify the amount and duration of the spousal support award.

IF WIFE ORDERED TO PAY SOUSAL SUPPORT:

IT IS FURTHER ORDERED that spousal support shall terminate upon Husband’s remarriage, death or cohabitation with an adult female in an economic sharing relationship. The court shall retain jurisdiction to modify the amount and duration of the spousal support award.

The Ohio Supreme Court in State v. Williams (1997), 79 Ohio St. 3d 459; 1997 Ohio 79; 683 N.E.2d 1126; 1997 Ohio LEXIS 2423, set out what constitutes cohabitation:
The essential elements of "cohabitation" are (1) sharing of familial or financial responsibilities and (2) consortium.

The Court listed several factors that would tend to establish shared familial or financial responsibilities. They are: "provisions for shelter, food, clothing, utilities, and/or commingled assets." [Some examples include: bill sharing (utility, cable, internet, etc.); joint ownership of property (deeds, titles); persons named on common lease; co-debtors listed on loan document; joint savings; etc.] 

Additionally, the Court listed several factors that might establish consortium, which are: "mutual respect, fidelity, affection, society, cooperation, solace, comfort, aid of each other, friendship, and conjugal relations."

Just because persons are living together under the same roof does not constitute legal cohabitation under Ohio law. The above factors must be shown. Once demonstrated you may receive a post decree court order for termination of spousal support, as long as your final decree provided for the termination.

The above information is not offered as, and does not constitute, legal advice. The information presumes you are not currently represented by an attorney who knows your specific circumstances.



12 comments:

  1. It is a great post. I have enjoyed reading it. Keep on posting. Thanks for the information.

    ReplyDelete
    Replies
    1. Hey there,

      How is your marriage going? Be honest…how is it ACTUALLY going?

      If you’re reading this e-mail right now, then chances are your marriage isn’t what it used to be… and maybe it’s so bad, that you feel like your world is falling apart.

      You feel like all the passion, the love, and romance have completely faded.

      You feel like you and your wife can’t stop yelling at each other.

      And maybe you feel that there’s almost nothing you can do to save your marriage, no matter how hard you try.

      But you’re wrong.

      You CAN save your marriage — even if your wife says she wants to get a divorce. You CAN rebuild that passion you felt for one another when you first kissed. And you can bring back that love and devotion you felt for one another when both of you said, “I love you” for the first time.

      If you feel like your marriage is worth fighting for, then do yourself a favour and watch this quick video that will teach you everything you need to know about salvaging the most important thing in the world:

      =>Save Your Marriage Now (VIDEO)<=

      In this video, you’ll learn the three critical mistakes that most couples commit that rip marriages apart. Most couples will never learn how to fix these three simple mistakes.

      You’ll also learn a simple, proven “Marriage Saving” method that makes marriage counsellors look like kindergarten teachers.

      So if you feel like your marriage is about to take its last few breaths, then I urge you to watch this quick video:

      Make Your Wife Adore You Again ==> Fix Your Marriage – Start Making HAPPY Memories<=

      You’ve got nothing to lose.

      All the best,

      -[[Ana]]-

      PS. Just take 3 mins to watch the video.. if you don’t, you may miss the one tip that could save your marriage. Click here: =>Transform Your Marriage in Minutes<=

      Delete
  2. Interesting blog. It would be great if you can provide more details about it. Thanks you..

    Indian Divorce Guide

    ReplyDelete
  3. Very good points you wrote here..Great stuff...I think you've made some truly interesting points.Keep up the good work. phoenix dui law firm

    ReplyDelete
  4. I even have been getting a lot of helpful and informative material in your web site.Custody Lawyers in Frederick MD

    ReplyDelete
  5. Does having a child with a live in boyfriend, who also has legally changed his address to ex-wifes address, buys groceries for household, maintains household upkeep, and known within family and friends as a couple, constitute cohabitation?

    ReplyDelete
  6. If a boyfriend and girlfriend stay only a few nights a week together and do not share any expenses, can alimony be terminated in Ohio?

    ReplyDelete
  7. My decree states my spousal support will terminate if i cohabitate,but isn't phrased as specifically as above. After 5 years divorced im now on a relationship and my boyfriend spends most nights at my home and he still maintains his own home. He doesn't contribute to my household bills or mortgage, or use my mailing addrrss, but we do grocery shop together and of course socialize together. Am I in jeopardy of losing my support?

    ReplyDelete
  8. You could spend up to ten years in prison if you're convicted of sexual assault. More information on Court Appeals | Ontario Court of Appeal | Criminal Law Team Toronto.

    ReplyDelete
  9. My husband and i got Married last year and we have been living happily for a while. We used to be free with everything and never kept any secret from each other until recently everything changed when he got a new Job in NewYork 2 months ago. He has been avoiding my calls and told me he is working,i got suspicious when i saw a comment of a woman on his Facebook Picture and the way he replied her. I asked my husband about it and he told me that she is co-worker in his organization,We had a big argument and he has not been picking my calls,this went on for long until one day i decided to notify my friend about this and that was how she introduced me to Mr James(Worldcyberhackers@gmail.com) a Private Investigator  who helped her when she was having issues with her Husband. I never believed he could do it but until i gave him my husbands Mobile phone number. He proved to me by hacking into my husbands phone. where i found so many evidence and  proof in his Text messages, Emails and pictures that my husband has an affairs with another woman.i have sent all the evidence to our lawyer. I just want to thank Mr James for helping me because i have all the evidence and proof for my lawyer,I Feel so sad about infidelity.


    ReplyDelete