In its ruling, the Michigan Court of Appeals identified three key factors (set forth below) that must be considered when trying to determine if a couple is legally cohabiting together.1.When Ruth and Glen Herrmann divorced, their decree required Glen to pay his ex-wife 5 a month for five years, starting in early 2010. Herrmann could stop paying spousal support to Ruth if she began cohabitating with an unrelated male. Herrmann later asked a trial court to terminate his obligation to pay spousal support since his ex-wife had begun living with another man. However, the Michigan Appeals Court affirmed the lower court's ruling in part -- and reversed the part concerning the spousal support.Strifler where the judge listed some of the numerous factors and principles that family courts should consider in determining the significance of a new relationship on a former spouse’s support entitlement.First of all, the court made the important point that there is no automatic cut-off: If you are paying support to your Ex, he or she will not become disentitled simply because they have a new relationship on the go.In contentious child custody cases, you may want to think of yourself as being under an unfair microscope.I use the word unfair because far too often every single action you take will be unfairly judged by your spouse or your spouse’s lawyer and may even be presented to the court as evidence that you are not acting in the I use the term microscope because it is not unusual for parents to keep a watchful eye on the other parent in the hope of catching him or her in actions that can be used in court during the child custody proceeding.Instead, whether or not you can reduce or eliminate your spousal support obligation will depend on several factors, including: • the duration and stability of your Ex’s new relationship • the value to your Ex of any benefit that he or she receives by reason of that new relationship • the existence of any legal obligation on the part of your Ex’s new partner to provide support • the economic circumstances of your Ex’s new partner (and this comparison will sometimes be made in relation to your own economic situation, as the paying spouse) From a practical perspective, your Ex may be called upon justify continued spousal support from you, despite his or her cohabiting with or remarrying someone else.
The facts in this case are a bit unusual, especially regarding the level of commitment between the two parties.How much will be awarded depends on the laws of your state, the needs of each spouse, and the spouse's ability to pay spousal support.The length of payments and termination of support will be determined by your divorce decree, but alimony will generally end upon remarriage or cohabitation of the receiving spouse.If you own the home, and the other person does not have exclusive occupancy, you have the right to enter it. You can find out more by reading through our faqs on temporary support. Kim's Question: How is it determined if a spouse is eligible for alimony?Brette's Answer: Each state has different rules, so it is important that you talk to an attorney to understand your state laws.