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Key elements in proving cohabitation in an alimony case

Many Connecticut residents who pay alimony may find some facts regarding the termination of payments interesting. Obtaining sufficient evidence for proving a valid reason for asking the court to rule in favor of terminating alimony is a complicated undertaking. There are a few key elements that are generally considered in this process.

Social interdependence is one element that must be proven. It involves an exclusive relationship with another person by the party receiving alimony. When two people present themselves as a couple to family, friends and the community in general, this element is demonstrated. An ex-spouse's new partner participating in family activities such as watching over children is another example of this interdependence.

When it comes to money, proving financial interdependence to a family law court is also vital for an alimony payer. If a couple is sharing rent, utility and grocery bills, then they could be considered to be financially interdependent. This interdependence could extend to the sharing of household chores, such as cleaning, cooking and even mowing the lawn. Proving a couple's cohabitation could require evidence, which can be acquired by hiring a private investigator; or for a less expensive alternative, an ex could monitor social media and look for any photos or particulars about a family vacation. A party who wishes to terminate alimony could also acquire location data by hiring an expert to track cell tower activity of their ex 24/7.

An attorney could advise an alimony payer on how to put together all of the key elements, including the expert testimony needed for the case. An attorney could not only help in advising on legitimate methods for acquiring the needed evidence but also look it over to determine if the collected evidence is sufficient to support the case.

Source: The Huffington Post, "He Said/She Said: How to Demonstrate Cohabitation in an Alimony Dispute", Diane L. Danois, J.D., February 21, 2014

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