How Living Together Affects Alimony - Divorce Lawyer | Burns Attorneys

How Living Together Affects Current Alimony Payments

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Divorce is a difficult thing to get through. The dissolution of your marriage can arouse strong feelings within you. Pain, frustration, anxiety, and fear may be some of the emotions that you experience over the course of the proceedings. It is perfectly natural to experience such strong feelings, but you cannot allow them to unduly influence the decisions you make about your divorce.

A divorce is not only about dissolving your marriage; it is also about building a new future. You must pour as much time and energy into the latter as you do into the former. You must protect your material interests so that you are able to live life without your ex.

You may have become accustomed to a certain lifestyle that was supported by the dual income of you and your spouse. The California courts understand that you deserve to maintain a resemblance of this life. 

While you are splitting from your spouse, you have a lot to think about: your home, your children, and how you’ll pay for everything.

Looking After Your Financial Interests

If you gave up working or put your career on hold to support your spouse, then you will find yourself at a financial disadvantage at the time of the divorce. California is a community property state, which means all the assets accumulated after the marriage will be divided evenly between you and your spouse. 

This is not as straightforward as it seems. If your spouse was the primary breadwinner and was successful in their profession or line of work, they may have money in accounts and investments that you are unaware of. If your spouse amassed considerable wealth during your marriage, then you should assume that you do not know all their holdings.

The only way to ensure that you are treated fairly, that you get your fair share of the assets, is to hire a tough, aggressive, and highly competent divorce lawyer. You will need to trace and track down all the money, property, and investments that have been obtained since your marriage. Only then will you have a full picture of what you are owed.

In addition to the assets, you will also be entitled to alimony. Getting the amount of alimony that you deserve for the length of time you deserve it can be challenging. Your attorney will present you in the best light so that you and your children get all the support you need.

That is why you should bring a lawyer on board to help to provide you with the insight and representation you need to get the alimony after divorce that you are entitled to under California law.

What Happens When You Meet Someone Else?

As you move on with your life, you will eventually meet someone else and become romantically involved with them. The only impact that a new relationship can have on your divorce settlement is if you move in with the person.

Alimony after divorce is meant to help you maintain a material lifestyle that is commensurate with what you enjoyed when you were married. If alimony is granted, it will be for an extended period unless you remarry. However, things are not so clear if you start living with someone else rather than marrying them.

You should know that your alimony may be terminated and reduced if you move in with someone new. Here are some of the things you should be aware of before you make this decision:

  • The judge will authorize a reduction or termination of the alimony if your cohabitation significantly decreases your need for support
  • The judge may terminate the alimony regardless of your continuing financial need If your marriage settlement stipulates that the alimony will continue until you remarry, it will be unaffected by your cohabitation

In the state of California, the law presumes that living with someone else reduces your need for support. You will need to prove to a judge that you still need the same amount of alimony. Otherwise, it will be reduced or terminated.

Living Your Life Your Way

You should not be punished for falling in love again and trying to live a fulfilling life. You cannot allow your financial circumstances to dictate your love choices. An attorney for post-divorce settlements can help you through these difficult situations.

The first thing you must do is establish the exact nature of your living arrangements. If you spend a great deal of time at your new partner’s home and they at yours, it does not follow that the two of you are living together. If you continue to maintain separate residences, then you are not in cohabitation. No one can tell you or your partner how much time you can spend together.

It may be the case that you still need your alimony money even if you are cohabiting with someone. To prove this to a court, your alimony attorney will need to sit down with you and discuss the facts and circumstances of your relationship. Although it may be uncomfortable for you and your new partner, your lawyer will have to go beyond a face-to-face discussion to get all the facts. They will need to investigate your new partner to determine the exact state of their finances. The postmarital lawyer representing your ex will do so. And if you are not to be blindsided in an alimony hearing, you must know all there is to know about the financial state of the person you propose to live with.

Other things may have happened since your divorce. In addition to meeting someone new, you may have hurt yourself in an accident. If you are still recovering from your injuries, then you may depend on the alimony payments to service your bills. In this instance, a family law attorney can make a good case if your ex is negligent of his alimony.

You should also bear in mind that your ex is the person who must request a reduction or termination of alimony payments. They must also prove that your cohabitation with someone else significantly changes your financial situation. In other words, they must do all the work to justify a change in the alimony or its termination.

The main goal of marital dispute lawyers is to help their clients get what they deserve after divorce. Turning to us, at The Law Offices of Nigel Burns will help you rebuild your lif

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