What is the definition of cohabitation in CA

[gpmontano1]

What is the name of your state (only U.S. law)? I live in Los Angeles California. I have been divorced for about 7 months. My ex spends several nights with her boyfriend whom she had an affair with. I have a cohabitation clause in my MSA. What is the definition of cohabitation?

 

[Proserpina]

What is the name of your state (only U.S. law)? I live in Los Angeles California. I have been divorced for about 7 months. My ex spends several nights with her boyfriend whom she had an affair with. I have a cohabitation clause in my MSA. What is the definition of cohabitation?

Generally staying over a couple of nights per week does not meet the requirement.

Does she use his address?

 

[mistoffolees]

What is the name of your state (only U.S. law)? I live in Los Angeles California. I have been divorced for about 7 months. My ex spends several nights with her boyfriend whom she had an affair with. I have a cohabitation clause in my MSA. What is the definition of cohabitation?

I don't believe that there is a formal definition. I think it's more of the judge saying "if it looks like a duck and quacks like a duck...."

As Pro suggests, using his address for her mail and driver's license would be a strong indication of cohabitation. If she didn't have a place of her own, it would be an indication, as well.

 

[Bali Hai]

What is the name of your state (only U.S. law)? I live in Los Angeles California. I have been divorced for about 7 months. My ex spends several nights with her boyfriend whom she had an affair with. I have a cohabitation clause in my MSA. What is the definition of cohabitation?

As you were told, the definition of cohabitation is whatever a particular judge deems it to be.

If you're seeking information to modify an alimony order, my guess would be that your ex upon advice from her attorney is clever enough not to cross the threshold that would put the alimony at risk.

 

[LdiJ]

Bottom line...spending the night at your boyfriend's house a couple of nights a week is simply NOT cohabitation.

 

[Bali Hai]

Bottom line...spending the night at your boyfriend's house a couple of nights a week is simply NOT cohabitation.

Additional bottom line...OP will be paying the full alimony per the order. The cohabitation clause in his decree is a joke on him.

 

[LdiJ]

Additional bottom line...OP will be paying the full alimony per the order. The cohabitation clause in his decree is a joke on him.

The whole point of a cohabitation clause is that if someone is cohabing, they are being partially supported by the income of the cohab partner, therefore reducing or eliminating the need for alimony. Even if they don't mingle funds, the expenses of the household, for each of them are reduced.

Spending the night at a boyfriend's or girlfriend's a couple of nights a week does not reduce anyone's household expenses.

 

[Bali Hai]

The whole point of a cohabitation clause is that if someone is cohabing, they are being partially supported by the income of the cohab partner, therefore reducing or eliminating the need for alimony. Even if they don't mingle funds, the expenses of the household, for each of them are reduced.

Spending the night at a boyfriend's or girlfriend's a couple of nights a week does not reduce anyone's household expenses.

I get your point, thank you. Do you get my point?

 

[Free_Advice]

Check your MSA again , maybe it defines the term. Next one, make sure it does.

 

[Bali Hai]

Check your MSA again , maybe it defines the term. Next one, make sure it does.

If there is a next one, OP didn't learn anything from the first one. Fool me once, shame on you, fool me twice, shame on me.

 

[tuffbrk]

The whole point of a cohabitation clause is that if someone is cohabing, they are being partially supported by the income of the cohab partner, therefore reducing or eliminating the need for alimony. Even if they don't mingle funds, the expenses of the household, for each of them are reduced.

Spending the night at a boyfriend's or girlfriend's a couple of nights a week does not reduce anyone's household expenses.

Living with someone and thereby reducing each other's monthly expenses is defined to be nothing more than a room mate in some states. Comingling of funds, addresses and division of household chores may be required to claim cohabitation.

As Bali noted - a cohabitation clause is nothing more than a joke. It's put in divorce decrees but generally requires personal information a Payor has little hope of obtaining.

 

[mistoffolees]

Living with someone and thereby reducing each other's monthly expenses is defined to be nothing more than a room mate in some states. Comingling of funds, addresses and division of household chores may be required to claim cohabitation.

As Bali noted - a cohabitation clause is nothing more than a joke. It's put in divorce decrees but generally requires personal information a Payor has little hope of obtaining.

That's not always the case. In many courts, simply the fact that the two use the same address and call each other BF/GF might be enough to get alimony eliminated.