Asked in Divorce for Pennsylvania

Q: Can spousal support not alimony be taking away if I move in with my boyfriend? This is in Pennsylvania

Related Topics:
1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Schenectady, NY
  • Licensed in Pennsylvania

A: In the absence of much additional information, this question is nearly impossible to answer. We will have to fill in some gaps in the facts.

We will assume the asker is the petitioner for spousal support which is known as "alimony" pending litigation (alimony pendents lite). The asker moves in with a boyfriend, and loses alimony pendents lite.

Pennsylvania's divorce law at §3706 describes a bar to alimony: "No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity."

Bizarre as this is, that is the state's law. We do not know anything about the opponent and the judge, so this response is made in the absence of those factors. Many times the judge is perfectly inept and hides his lack of capability using nastiness. Such a judge can end alimony on an unsubstantiated allegation that a litigant moved in with a member of the opposite gender. We know none of the particulars of this case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.