Ways To Show A Former Spouse Is Living With Someone
In Texas and every other state, the law states the the payment of spousal support ends when one of several events occur, including death, remarriage, and cohabitation, or when a spouse begins living with someone else. Courts in Texas have long heard cases and denied individuals who have commenced living with another the right to still receive spousal support. Clients who must pay spousal support should consult with seasoned legal counsel when a former spouse begins cohabitating with another. This article will demonstrate the various ways that it is demonstrated to a court of law that a former spouse has begun cohabitation, in addition to some essential information that ex spouses should know about how cohabitation affects spousal support obligations.
- An Attorney Can Prove Beneficial In Determining Whether Or Not It Is Worth It To Demonstrate Cohabitation. There are sometimes fees involved in determining whether cohabitation occurred that cost more than the total of spousal support payments. In Texas, payments are often restrictive and the amount required for maintenance is frequently only temporary. Furthermore, an individual might have to demonstrate that a former spouse is in a “marriage-like” relationship with a new love interest, which can be a difficult threshold to meet. As a result, it is wise for those who are considering initiating an action to show cohabitation occurred to first consult with experienced legal counsel who will be able to determine if these types of measures are worth the time, energy, and expense that must be invested.
- Cohabitation Rules Leave Some Room Open To An Interpretation. A former spouse’s new partner need not stay in the house full-time in order for spousal support to be terminated. Instead, house-sharing can occur on a “continuing basis” as suggested by Texas law. The law, however, makes it unclear with what frequency overnight visits must occur in order to fulfill cohabitation requirements to end spousal support. As a result, individuals on both sides should consult with an attorney as new relationships begin after a divorce in order to understand how potential cohabitation might affect the responsibility to pay spousal support.
- Consult With Children. Cohabitation is likely to be found to exist if the spouses’ children reveal that another adult has been sleeping over or the adult helps to perform household tasks.
- No Separate Legal Residence. If the person living with a former spouse does not keep a separate residence, cohabitation may be occurring.
- Records Show Something Suspicious. There are several types of records that can be used to demonstrate cohabitation including cell phone records, bank records, or sometimes even corporate records.
There are various tactics that are occasionally used to demonstrate a behavior that suggests cohabitation is occurring between a former spouse and another individual. Contacting a talented Houston divorce attorney at the office of Conner & Lindamood, P.C. can help clients on either side of a cohabitation issue reach the best outcome possible.