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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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Attorney answers 3


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.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


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.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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