SS & Cohabitaion???

[crazyeights]

What is the name of your state (only U.S. law)? Mi

Just was wondering....is there a law in Michigan that states SS will be terminated if cohabitating? Or can we state in the decree that SS will not be terminated if cohabitating? Or do we have to term this in the decree at all? Am I understanding that marriage is different and that there is a law?

Don't worry Bali, this is just a hypothetical question and not something I plan on doing anytime in the near future. I have my girls to raise first!! Actually, my stbx does not seem to mind this (he actually suggested it) as he knows the sooner I am with someone else, that the odds of me getting married will be better!! I know, this is sick, but if you knew him, his common sense is somewhat lacking.

Thanks again,
crazyeights

 

[Proserpina]

What is the name of your state (only U.S. law)? Mi

Just was wondering....is there a law in Michigan that states SS will be terminated if cohabitating? Or can we state in the decree that SS will not be terminated if cohabitating? Or do we have to term this in the decree at all? Am I understanding that marriage is different and that there is a law?

Don't worry Bali, this is just a hypothetical question and not something I plan on doing anytime in the near future. I have my girls to raise first!! Actually, my stbx does not seem to mind this (he actually suggested it) as he knows the sooner I am with someone else, that the odds of me getting married will be better!! I know, this is sick, but if you knew him, his common sense is somewhat lacking.

Thanks again,
crazyeights

The decree can be worded to specifically include or exclude cohabitation and/or remarriage as part of a support order and should contain such language. In fact, in my opinion (which as we all know is small, quite humble and rarely displayed in public) every decree needs to very clearly address cohabitation, remarriage and modification. There should be no ambiguity and very little room to maneuvre in terms of interpretation.

Michigan has been a little slow in actually coming up with a definitive set of guidelines which would perhaps solidify the laws concerning spousal support and I can't find any statute saying that cohabitation or remarriage are - by themselves - enough to end a spousal support order. It seems to depend on the facts in any given case and which judge is making the decision.

I'm still looking though - will update if I can find case law or updated guidelines.

 

[crazyeights]

The decree can be worded to specifically include or exclude cohabitation and/or remarriage as part of a support order and should contain such language. In fact, in my opinion (which as we all know is small, quite humble and rarely displayed in public) every decree needs to very clearly address cohabitation, remarriage and modification. There should be no ambiguity and very little room to maneuvre in terms of interpretation.

Michigan has been a little slow in actually coming up with a definitive set of guidelines which would perhaps solidify the laws concerning spousal support and I can't find any statute saying that cohabitation or remarriage are - by themselves - enough to end a spousal support order. It seems to depend on the facts in any given case and which judge is making the decision.

I'm still looking though - will update if I can find case law or updated guidelines.

Thanks so much Dog. You're a dear!! (gosh, I hope it's appropriate to call you that ??)

So far, him and I have been able to work out all the particulars together and it is actually going quite well. I am hoping and I think that he is also, that we will be able to file together with our terms and not have to go the route of a judges decision.

The funniest thing, but then again , maybe not, is that my stbx has not a clue as to what to do. I keep telling him that he needs to be involved because I don't ever want to be accussed of this or that when it is all said and done. I have been doing all the research to make sure I am inline with the standards, all the figuring, and all the planning for this divorce. It is ironic but I am helping him divorce me, go figure. He has no time to even think about what is fair or not or IF I am being fair (which I am). He is basically taking my word. One thing that I will always be able to say though, is I have been forthright with him in what I am asking for and why I feel it is necessary (it's mostly about the girls but I make no qualms to my "selfishness" as some might have it.. I have been honest with him to the point that I figured out his tax scenario for him once we are divorced. I have even told him, with certain parts of our agreement, how it was not beneficial for him in the long run (but actually, for him in the short term). We are both dealing with our situations. We are over the hurt and resentment. Sure, there might be a little guilt happening on his part but for the most part, I am not taking advantage of that when I could. I might be the stupidest person on the planet though.

It all boils down to...he didn't have time for our marriage and now he doesn't have time for our divorce. And I am still taking care of everything for him, as honestly and forthright as a decent person should. Again, sometimes I think that I am really stupid but I will be able to walk away from this knowing that it was fair given the circumstances of our marriage!!! (Are you hearing that Bali? )