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Is cohabitation during separation relevant at all as it pertains to APL or child support?

Swarthmore, PA |

I get conflicting information, as the topic appears "complicated". Say one spouse who has sole exclusive possession of the jointly owned marital home during separation, moves in her new mate, and supports him using APL and support money. Can that circumstance be considered during modifications of the APL/Support order during separation? Same question if he supports her. I understand that cohabitation with someone new is relevant once divorce is completed as it pertains to alimony. What about during separation for either APL or child support?

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Attorney answers 5

Posted

True it is complicated, but lean toward relevant

Posted

There are way too many variables that will depend on the outcome of your case. You should speak to an attorney and they will ask you the relevant questions to determine the outcome of your case.

Posted

That is far too complicated to be answered here. My colleagues aree correct in that it leans more toward relevant.

Posted

Every one of my colleagues has given you very good advice - your question is complicated and has too many variables to be answered with any specificity in this forum. I can tell you that, when someone is receiving support and another adult moves in with him or her, you can ask the court to take that second adult nto account to the extent that the court can be convinced that the person living there helps reduce the living expenses of the support recipient. It's not an obscure argument and sometimes works here in Delaware County, but you just haven't provided sufficient information to even wager a guess.

Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.

Posted

There is an entitlement defense available for spousal support and alimony, but not APL. That is, the primary wage earner can argue that the dependent spouse is not entitled to collect spousal support or alimony if they’re living with a person of the opposite sex. This defense does not presently apply to APL.