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cohabitation in a revisited settlement

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wildcatgiz

Junior Member
What is the name of your state (only U.S. law)? CT

I have been divorced for approximately one year. In the settlement, the following provisions are present.
1. Alimony is reduced upon remarriage.(cohabitation is not mentioned).
2. Husband may seek a modification in the event of his involuntary termination.
3. In the event that alimony, the court shall have jurisdiction to consider all of the statutory factors in determining the modification.

The current facts.
1. I live in a different state.(does that matter? , as the settlement is in CT)
2. I will be cohabitating in the near future. (His income and debts basically offset and will not be adding money to the bottom line)
3. My Ex involuntarily lost his job.

My guess is that he will be taking me back to court, based on losing his job (although he accepted a large severence package).

My question is " Does the fact that I will be cohabitating when we go back to court affect the amount to be determined, even when it wasnt mentioned in the first divorce settlement? Or will it be soley determined by the fact that he lost his job?"

Are all things " on the table" once it goes back to court or am I protected because i have not remarried?
 


ecmst12

Senior Member
The court will take ALL FACTORS into consideration. Including your cohabitation.

Why would you want to move in with someone who can't contribute to household expenses?
 

Bali Hai

Senior Member
What is the name of your state (only U.S. law)? CT

I have been divorced for approximately one year. In the settlement, the following provisions are present.
1. Alimony is reduced upon remarriage.(cohabitation is not mentioned).
2. Husband may seek a modification in the event of his involuntary termination.
3. In the event that alimony, the court shall have jurisdiction to consider all of the statutory factors in determining the modification.

The current facts.
1. I live in a different state.(does that matter? , as the settlement is in CT)
2. I will be cohabitating in the near future. (His income and debts basically offset and will not be adding money to the bottom line)
3. My Ex involuntarily lost his job.

My guess is that he will be taking me back to court, based on losing his job (although he accepted a large severence package).

Like your alimony, that severence is meant to help transition to where he can support himself. I guess you mention that because you want half?

My question is " Does the fact that I will be cohabitating when we go back to court affect the amount to be determined, even when it wasnt mentioned in the first divorce settlement? Or will it be soley determined by the fact that he lost his job?"

Are all things " on the table" once it goes back to court or am I protected because i have not remarried?
You can play the system right up to the point where eventually you're going need a job and support yourself and then you won't need to worry about being thrown off the alimony gravy train.
 

mistoffolees

Senior Member
The court will take ALL FACTORS into consideration. Including your cohabitation.
And it absolutely matters in CT:
http://www.jud.ct.gov/lawlib/notebooks/pathfinders/alimony/alimony.pdf
Cohabitation: “Section 46b-86 (b), known as the ‘cohabitation statute,’ provides in pertinent part that a court may ‘modify such judgment and suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person under circumstances which the court finds should result in the modification . . . of alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party.’”
There may be hope, however:
Distefano v. Distefano, 67 Conn. App. 628, 633, 787 A.2d 675 (2002). “In accordance with General Statutes § 46b-86 (b) and the holding in DeMaria, before the payment of alimony can be modified or terminated, two requirements must be established. First, it must be shown that the party receiving the alimony is cohabitating with another individual. If it is proven that there is cohabitation, the party seeking to alter the terms of the alimony payments must then establish that the recipient's financial needs have been altered as a result of the cohabitation.
The article above has a lot more good information about how cohabitation is dealt with in CT. Since payor lost his job involuntarily and recipient is now cohabiting, there's a very good chance that alimony will be reduced or eliminated.
 

Bali Hai

Senior Member
And it absolutely matters in CT:
http://www.jud.ct.gov/lawlib/notebooks/pathfinders/alimony/alimony.pdf

There may be hope, however:


The article above has a lot more good information about how cohabitation is dealt with in CT. Since payor lost his job involuntarily and recipient is now cohabiting, there's a very good chance that alimony will be reduced or eliminated.
There may be hope for what? That OP can continue bilking alimony out of a jobless man?

If it is proven that there is cohabitation, the party seeking to alter the terms of the alimony payments must then establish that the recipient's financial needs have been altered as a result of the cohabitation.

ANOTHER asinine requirement to make it impossible to modify alimony!
 

wildcatgiz

Junior Member
Let be clear. Maybe I didnt provide enough information. The Ex makes 1 million per year. I settle for 30%, after not persueing my own career for 17 years and being very instrumental in his rise in corporate america. . I was wronged, not him. He has planned this from the beginning. He was terminated after refusing several tranfers within the company. I dont want any more, I just dont want any less. what are the common stipulations in "financial need" change. My future co habitant is taking care of his responsibilites to his Ex and his current financial status, post divorce, will not reduce my financial needs by any sizeable amount. Will this then not be a factor in reduction of alimony?
 

Bali Hai

Senior Member
Let be clear. Maybe I didnt provide enough information. The Ex makes 1 million per year. I settle for 30%,

The evidence you present is that you legally settled.

after not persueing my own career for 17 years and being very instrumental in his rise in corporate america. . I was wronged, not him. He has planned this from the beginning. He was terminated after refusing several tranfers within the company. I dont want any more, I just dont want any less. what are the common stipulations in "financial need" change. My future co habitant is taking care of his responsibilites to his Ex and his current financial status, post divorce, will not reduce my financial needs by any sizeable amount. Will this then not be a factor in reduction of alimony?
I'm a little taken aback that someone who was married to a millionaire would come to a free website for advice.

I've heard of eccentric, but this is ridiculuos. Get an attorney and be sure to pay them.
 

mistoffolees

Senior Member
Let be clear. Maybe I didnt provide enough information. The Ex makes 1 million per year. I settle for 30%, after not persueing my own career for 17 years and being very instrumental in his rise in corporate america. . I was wronged, not him. He has planned this from the beginning. He was terminated after refusing several tranfers within the company. I dont want any more, I just dont want any less. what are the common stipulations in "financial need" change. My future co habitant is taking care of his responsibilites to his Ex and his current financial status, post divorce, will not reduce my financial needs by any sizeable amount. Will this then not be a factor in reduction of alimony?
You settled for 30% of a million a year and you're not happy? Wow.

With that much money at stake, you should have had a good attorney. Regardless, the law has been explained to you. I would strongly encourage that you contact a local attorney for advice on how your particular judge is likely to apply it.
 

tuffbrk

Senior Member
Let be clear. Maybe I didnt provide enough information. The Ex makes 1 million per year. I settle for 30%, after not persueing my own career for 17 years and being very instrumental in his rise in corporate america. . I was wronged, not him. He has planned this from the beginning. He was terminated after refusing several tranfers within the company. I dont want any more, I just dont want any less. what are the common stipulations in "financial need" change. My future co habitant is taking care of his responsibilites to his Ex and his current financial status, post divorce, will not reduce my financial needs by any sizeable amount. Will this then not be a factor in reduction of alimony?
Legal - You are receiving $300k a year and you come here for advice? Me thinks you are lying, fibbing and misrepresenting. Get an attorney.

Otherwise - You were married to someone who earned a million a year? And you didn't bother to attain an education or a career while living under that roof? If you didn't bother to help yourself while living with a millionaire, I doubt you did much to help him in his "rise" in corporate America. Rising in that environment has more to do with timing, who you know, who you are aligned with and which group has backing from Senior Management at any given moment in time. Which of course you would know if you knew anything at all about how the cream of the crop rises in corporate America...
 

ecmst12

Senior Member
And the actual answer is that no one here can predict how a judge might rule if/when you get to court. He will consider ALL the factors on both sides and make a decision. If you want a more accurate prediction on how the judge might actually rule, I would suggest talking with the attorney who handled your divorce.
 

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