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How long after Cohabitation does SM Stop?

  • Monitor441
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01 Oct 07 #4206 by Monitor441
Topic started by Monitor441
Hi everyone.

I separated from my ex2b in Nov 2006 when I found out about her affair. She is still living in FMH and now the boyfriend is "living" there. My children say he has been livin there full time since the early summer but my ex2b has not declared anything.

Once they declare they are cohabiting, how long do I have to continue to pay SM. I have heard 6 months or 9 months but would appreciate some opinions.

Thanks

M441

  • LittleMrMike
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02 Oct 07 #4219 by LittleMrMike
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If you don't mind my asking - are you paying under a Court order ? If you are, you can''t just stop paying, you need to apply for a reduction on the grounds of changed circumstances. Furthermore, although cohabitation may reduce spousal maintenance ( and probably will ) it may not cancel it altogether. There is always the chance that your ex is going to discontinue the cohabitation if she realises it's going to affect her monthly maintenance cheque.

You would have to show, I think, that there was some degree of permanence to the cohabitation, and that is a matter of evidence, and how you would go about proving it I don't know, but if your kids live there, then you can't have better evidence than that. I'm not sure if there isn't something to be said for the tactic of ' lyin' low and saying nuffin ' whilst at the same time quiety accumulating all the evidence you can muster..

I think I'd be inclined to take a bit of legal advice.

Mike

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02 Oct 07 #4229 by Monitor441
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Mike

I can't do anything until they declare they are officially cohabiting, but I am just wondering how long after they declare they are cohabiting I will have to continue to pay SM. As I say above, I have heard 6 months and 9 months.

M441

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02 Oct 07 #4231 by Monitor441
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Mike

Sorry, not under court order. Voluntary payment agreed between us and sols. I have been paying it for 10 months since I moved out and it seems her new boy friend has been living in the FMH since May, but they haven't declared it yet.

M441

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