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?
Criminal Defense Attorney
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.
The key trigger condition is remarriage, not cohabitation, as both counsel stated.
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