Cohabitation Can Cut Off Your Alimony Check

In Alabama , periodic alimony is (for the most part) subject to termination upon proof that “the spouse receiving such alimony has remarried or that such spouse is living openly or cohabiting with a member of the opposite sex.” Ala. Code § 30-2-55 (1975). The question of whether a former spouse is living openly or cohabiting with a member of the opposite sex is a factual determination, which means evidence must be presented to the court and the court makes the final determination.

Factors to consider when determining whether a former spouse is cohabiting with a member of the opposite sex include, but are not limited to, the following:

*Permanency of relationship coupled with more than occasional sexual activity;
*Payment of debts by former spouse’s cohabitant;
*Purchase of clothes for former spouse by cohabitant;
*Whether the alleged cohabitant maintains the former spouse’s household by cleaning, cooking, washing and yard work;
*Receipt of mail by alleged cohabitant at former spouse’s residence;
*Keeping clothes and other personal items at former spouse’s residence; and
*Using the address for identification purposes.

In cases where the former spouse merely has a roommate of the opposite sex who pays rent and there is no evidence of sexual activity between the two, proof of cohabitation probably does not exist. If you have questions about this, please give me a call. JDF (205)912-8247

This article is from a post by Melinda Parks. To see the original posting follow this link: http://mjparkslaw.wordpress.com/