Can alimony be terminated if the former wife now cohabitates/lives with another man?
In some cases if a former wife cohabitates/lives with another companion then this may constitute a “change of circumstances” to justify a change of circumstances. If the supported spouse lives with another man, then the court may reduce alimony. However, cohabitation alone is not enough to reduce alimony. The cohabitation must also be coupled with some economic consequences in order to modify alimony. The courts use the economic contribution test to determine whether an alimony award to a dependent spouse should be reduced. This test looks to see if the cohabitation is similar to a permanent house situation or a marital like relationship. If the dependent spouses’ new companion reduces her financial needs, then alimony may be reduced. Moreover, if the dependent spouse is using the alimony to support her companion, then the payor spouse has very strong grounds to reduce alimony. The payor spouse has the burden to prove that there has been a prima facie showing of cohabitation. The fact
