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

Asked almost 2 years ago - 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?

Attorney answers (3)

  1. Marco Caviglia

    Contributor Level 20


    Lawyers agree

    Answered . 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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  2. Jean M. Mahserjian


    Contributor Level 14


    Lawyers agree

    Answered . 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.

  3. Matthew Thomas Majeski


    Contributor Level 19


    Lawyers agree

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

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Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.


Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

Howard M Lewis

Paying Alimony (Spousal Support)

Alimony, also known as maintenance or spousal support, refers to payments made by one spouse to the other after a couple divorces. These payments are for living expenses and/or child... more

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