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

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Brooklyn, 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.

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