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I read somewhere that if the wife is cohabitation with another guy during the separation then there is no alimony awarded, is th

Binghamton, NY |

My wife filed for a divorce and then her boyfreind moved into the house that I am paying on. She is seeking alimony, but I read that if she is cohabitating there there is no alimony awarded. Is this coprrect for NYS?

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No. That would not be viewed as a compelling reason to deny the spouse temporary maintenance during litigation or maintence after the divorce if she otherwise qualifies.

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No. If she actually remarries, any spousal maintenance awarded would terminate. But, there is no law in NY that precludes awarding spousal maintenance due to cohabitation.

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The key trigger condition is remarriage, not cohabitation, as both counsel stated.

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