Alimony Termination In The Event of Cohabitation
Alimony termination is possible in the event of cohabitation and requires presenting convincing evidence. Under Illinois, Indiana, Wisconsin, and Michigan law, an order for maintenance may be modified or terminated only upon a showing of a substantial change in circumstances. This includes, “if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis.”
The lack of an intimate or sexual relationship does not prohibit a finding of cohabitation! Factors the court would consider in the determination of whether a de facto husband and wife relationship exists are:
- • the length of the relationship
- • the amount of time the couple spends together
- • the nature of activities engaged in
- • the interrelation of their personal affairs and/or finances
- • they vacation together
- • whether they spend holidays together
- • they attend family functions or social events together
Paying alimony and suspect your ex is living with someone?
Do you suspect your former spouse is living with someone else while you are paying maintenance? Heritage Investigations has successfully investigated and gathered evidence to support petitions for an order of alimony termination or reduction . Favorable rulings in a petition to reduce or terminate alimony may have potential results of $100k or more.
We Can Obtain The Proof You Need
Proving a “change in circumstances” requires professional surveillance to capture a variety of circumstances and evidence in demonstrating whether a conjugal relationship exists. It doesn’t matter where they are sleeping and staying what matters is that they are staying together as a couple.
The burden of proof that a relationship is “conjugal” in nature, and establishes the “continuing” part is yours. The court will require a preponderance of evidence of their time spent in this relationship. This requires persuasive documentation to present during your hearing. We can assist your attorney to develop a convincing case and help your chances for a favorable outcome.
Build A Convincing Case For Alimony Termination
Our private investigators are trained to gather the facts and look for evidence one step at a time. Every case is unique in nature, but these are some basic elements you need to consider when deciding to take your alimony termination case before a judge.
- • Confirm your suspicions about the nature of their relationship
- • Background investigations into the other parties marital status, financial history and criminal background
- • Create a plan for surveillance
- • Demonstrate the major components of cohabitation including; spending nights together, sharing keys to house or garage door opener, shopping together, attending family functions together, etc.
- • Establish a continuing pattern of time spent together as a couple
- • Identify witnesses both friendly and hostile, and collect statements
Do not go it alone.