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

Asked over 1 year 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

    6

    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

    Pro

    Contributor Level 14

    5

    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

    Pro

    Contributor Level 19

    3

    Lawyers agree

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

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