Q: My ex filed to terminate spousal support, I'm trying to find out if there is a way to keep the original agreement.
In our dissolution it says that he has the right to file for termination of support in the event there is cohabitation. Both my ex husband and I are in new relationships, and I did move into the same house my partner lives in, however we do not pool finances or pay each others bills. We each seperately pay rent and our own bills. I'm trying to find out if this is still considered cohabitation and what my options are. The original agreement in the dissolution states 4 years of support, and was filed in October 2018. Also, I recieve disability benefits and have for years, meaning I can not currently work.
A: Living in the same household as someone else is the definition of cohabitation. How the finances are shared does not matter. You could mention at the hearing to terminate the support that finances are not shared, but if the separation agreement clearly states that cohabitation is a basis to terminate support, and you signed and agreed to that, then the court likely will terminate the support. Contact the attorney who handled your dissolution or use the Find a Lawyer tab to retain a local family law attorney to advise you.
Philip Allan Logan Esq agrees with this answer
At the very least you should have a face to face conference with an attorney. You should be able to find someone to do it for a nominal expense. You appear to be cohabitiatin and should have expected this to happeen. You are sharing overhead and living expenses, but I'd have to read your decree to see how this would effect you. Beacause your on disability it might make a difference, you might try and have it reduced instead of terminated. The court can grant the motion effective the date it was filed which means that not only could it go into immediate effect, it could be retroactive.
Because your in the first year of a 4 year agreement, it should be wothwhile in hiring an attorney to fight this for you.
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