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How does one prove that their ex's cohabitation significantly changes her financial situation when it's being covered up?

Fairfield, CT |

Based upon my decree, alimony shall be non-modifiable except for termination upon either party's death or the wife's remarriage, CT 46b-86b applies. Ex is openly living with a successful and wealthy partner, with my children still at home. Upgrades to home have been made, she travels on vacations frequently and has substantial savings. They dine out regularly, entertain often, and live a very good life, certainly much more lavish then when we were married. They are very clever about him having a p.o. box, and she continues paying for mortgage and utilities from her account.... Our children have told me he lives there full time, shares her bedroom, and that he is very wealthy. She says go ahead and prove it. How do I when they use the law to their advantage?

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Attorney answers 2


Your divorce decree will control. You indicate that your alimony is not modifiable except on death or remarriage. If so, then likely the cohabitation statute will not be applicable. Have a family law attorney review your case.

Brian S. Karpe, Esq. (860) 242-2221 Note: This response DOES NOT constitute legal advice and therefore no specific action should be taken in reliance thereon. No attorney-client relationship is created through this response. You should speak to an licensed attorney in your state who is competent to answer your question before taking any action with regard to this question.


The language in 46b-86b is as follows:
(b) In an action for divorce, dissolution of marriage, legal separation or annulment brought by a husband or wife, in which a final judgment has been entered providing for the payment of periodic alimony by one party to the other, the Superior Court may, in its discretion and upon notice and hearing, modify such judgment and suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person under circumstances which the court finds should result in the modification, suspension, reduction or termination of alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party.
I have hired a private investigator in a case where we were trying to provide cohabitation.
Good luck!

This answer is not intended or offered as legal advice, and thus the reader should not rely on any information provided in this answer as such. Readers should not consider the information provided to be an invitation for an attorney-client relationship, and should always seek the advice of an independent attorney. People seeking specific legal advice or assistance should contact an attorney. The content of any Internet e-mail sent to Khan Legal Group, LLC at the e-mail address set forth in this web site will not create an attorney-client relationship and will not be treated as confidential. The content of this answer contains general information and may or may not reflect the current legal developments of Connecticut law. Attorney Khan is not licensed to practice law in any state but Connecticut.

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