Effect of Cohabitation

The essential rationale behind spousal support is to provide support for an ex-spouse. Where there is cohabitation, the need for spousal support is often reduced or eliminated. Therefore, it is always important to determine whether the recipient of spousal support is cohabiting.

The question becomes, “What constitutes cohabitation?”  This is a fact-intensive inquiry and the court will expect detailed proof of the cohabitation. The essential evidence needs to show that the recipient of spousal support is being supported by or is supporting another person.  The ordinary definition of cohabitation is “the act of living together,” but this varies from case to case and is a question of fact. There are many Ohio cases dealing with the issue of cohabitation; the simple reality is that every case must be evaluated on its own particular facts.

When involved in a case where spousal support is being considered, the issue of any potential cohabitation must be fully evaluated.  In such a case, it is important that you retain an attorney with an eye for details. Your attorney must also be continually aware of changes in the case law affecting the analysis of your case. At Edward F. Whipps & Associates, we have decades of extensive experience with cases dealing with cohabitation, both in defending against a finding of cohabitation and in establishing cohabitation.  We are very experienced in examining detailed facts, researching the issue of cohabitation, and effectively advocating for our clients.

Contact an Experienced Spousal Support Lawyer Today

If you need a spousal support lawyer, please contact Edward F. Whipps & Associates for help. You can arrange a confidential initial consultation at a mutually convenient time by calling our office at (614) 461-6006 or filling out this online contact form.



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