Cohabitation

Cohabitation

Are you paying alimony or spousal support to your ex-spouse?

Are they violating your alimony/spousal support agreement?

Don’t continue to pay these large amounts of money to your ex-spouse if he or she does not deserve. CSI private investigators specializing in cohabitation investigations can obtain the evidence required to prove your case. This evidence is crucial in achieving a favorable outcome in cases such as alimony adjustments, spousal maintenance calculations and child support recalculation.

In Virginia, cohabitation (for purposes of alimony termination) is statutorily defined as “a relationship analogous to a marriage” for one year or more. Courts have interpreted that to mean living together continuously or with some degree of permanence and assuming the duties and obligations normally associated with marriage.

Code of Virginia § 20-109. Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage or death

 

  1. Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper. Upon order of the court based upon clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more commencing on or after July 1, 1997, the court shall terminate spousal support and maintenance unless (i) otherwise provided by stipulation or contract or (ii) the spouse receiving support proves by a preponderance of the evidence that termination of such support would be unconscionable. The provisions of this subsection shall apply to all orders and decrees for spousal support, regardless of the date of the suit for initial setting of support, the date of entry of any such order or decree, or the date of any petition for modification of support.
2017-08-08T03:23:36+00:00

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