Cohabitation After Divorce: Living with a New Partner Can Impact Alimony

Many people are aware that remarriage can end a former spouse’s alimony. However, not everyone realizes that cohabiting after a divorce can also affect alimony. Given how many couples choose to live together rather than marry, this is a critical issue.  The percentage of married households in the United States has fallen to a historic low; census data cited in a 2014 study by the Pew Research Center shows that the number of married households fell to 50.5 percent in 2012 from a high of about 72 percent in 1960. 

If you are considering cohabitating after a divorce, you may be wondering how it will impact your alimony payments. In Connecticut, cohabitating after divorce can have significant financial implications, as it can potentially affect the amount of spousal support you receive or pay.

Understanding the potential impact of cohabitation on alimony payments is essential for both parties involved. By familiarizing yourself with the factors courts consider and the possible consequences, you can make responsible, informed decisions about your living arrangements and financial commitments.

Join us as we delve into cohabitation after divorce and its impact on alimony payments. This subject affects many and is often misunderstood, making it all the more important to understand.

Understanding Alimony Payments

Alimony, sometimes called spousal support, is a financial arrangement the court orders to support a lower-earning or non-earning spouse. In Connecticut, the primary purpose of alimony after a divorce is to help the recipient maintain a standard of living similar to that enjoyed during the marriage. This is because spouses have an ongoing duty to support each other, including, in some cases, even after the marriage ends.  The court determines the amount and duration of alimony based on several factors, including the length of the marriage, the recipient’s financial needs, and the payor’s ability to meet those needs without undue hardship.

Connecticut has different types of alimony, including temporary and lifetime. Temporary alimony is awarded for a specific period while the recipient becomes self-sufficient. Sometimes, judges order alimony to support the recipient during a transitional period, such as while they attend school or obtain a certification. Courts may grant lifetime alimony in long-term marriages where the recipient may not be able to achieve financial independence, for example, due to age or health issues.

Courts have the authority to make alimony payments modifiable, meaning that the person paying alimony can request a review of the terms if circumstances change significantly. Common reasons for modification include job loss, significant income changes, or — our main topic today –the recipient’s cohabitation with a new partner. Courts in Connecticut take a flexible approach to these requests, evaluating each case on its own merits.

Connecticut Cohabitation Statute

Here is Connecticut’s cohabitation statute:

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.

Conn. Gen. Stats. §46b- 86(b)

In Connecticut, “An award of alimony is based primarily on a spouse’s continuing duty to support . . . . ”  Martone v. Martone, 28 Conn. App. 208, 217, 611 A.2d 896 (1992).  The logic underlying the cohabitation statute is likely that cohabitation may reduce the need for spousal support, as (1) sharing a household gives rise to economies of scale, and (2) the new partner’s income may be available to the cohabitating former spouse.

Background on the Connecticut Cohabitation Statute and Its Impact on Alimony

Public testimony in 1994 on the public act that became the cohabitation statute indicated that the intent of the statute was to “correct” a situation in Stamford that had resulted in a state Supreme Court case where “somebody claimed that his wife was living with somebody else, out of wedlock and that therefore, he was not responsible to give her alimony and he lost that case.”

The case that was referred to was probably McAnerney v. McAnerney, 165 Conn 277 (1973), in which a separation agreement, later incorporated in the dissolution decree, obligated the plaintiff ex-husband to pay alimony to his ex-wife until her remarriage or death. He subsequently sued because she was cohabitating with a man, arguing that the agreement no longer bound him because his ex-wife and her partner had created a condition approximating marriage thus circumventing the terms of the agreement.  The Court held that neither of the terms of the agreement, death or remarriage of the wife, had occurred and that Connecticut law did not recognize common law marriage, and thus the plaintiff husband had no cause of action against his ex-wife.

Connecticut Standard on Modifying Alimony Based on Cohabitation After Divorce

So, what is the standard for modifying an alimony award due to cohabitation?

The court in DeMaria v. DeMaria explained that “Section 46b-86 (b) does not use the word cohabitation. The legislature instead ‘chose the broader language of ‘living with another person’ rather than ‘cohabitation’. . . .’ Because, however, ‘living with another’ person without financial benefit did not establish sufficient reason to refashion an award of alimony under General Statutes § 46b-81, the legislature imposed the additional requirement that the party making alimony payments prove that the living arrangement has resulted in a change in circumstances that alters the financial needs of the alimony recipient. Therefore, this additional requirement, in effect, serves as a limitation. Pursuant to § 46b-86 (b), the nonmarital union must be one with attendant financial consequences before the trial court may alter an award of alimony.”

DeMaria v. DeMaria, 247 Conn. 715, 720, 724 A.2d 1088 (1999) (emphasis added).

In other words, not only must the alimony recipient be living together with someone, but those living arrangements must also have a financial effect on the alimony recipient.

How Living Together Can Impact Alimony Payments

Cohabitation after divorce can significantly impact alimony payments in Connecticut, often leading to modifications in the support arrangement. When an alimony recipient begins living with a new partner, it may indicate a change in their financial circumstances. Courts may view this situation as a source of financial support that could affect the recipient’s need for alimony. Consequently, assuming alimony is modifiable, the alimony payor may file a motion to modify their payments based on their ex’s new living arrangement.

One of the primary considerations for the court is whether the new partner contributes financially to the household. If the cohabiting partner shares expenses, the court may determine that the recipient no longer requires the same level of alimony support. Courts will be interested in the financial dynamics of the new living arrangement when assessing whether there has been a substantial change in the recipient’s economic needs. Documented evidence of shared expenses, including mortgage, rent, utilities, and groceries, can influence the court’s assessment.

It’s also possible that the duration and nature of the cohabitation may influence the court’s decision-making process. If the cohabitation is deemed to be serious and long-term, theoretically, the likelihood of alimony modification increases.

Impact of Cohabiting After Divorce on Alimony Payments: Reduction or Termination

Cohabitation can lead to either a reduction or termination of spousal support in Connecticut. Whether it will, and if so, to what extent, depends on each case’s specific circumstances. If the court determines that the recipient’s financial needs have decreased due to living with someone, the judge may opt to reduce alimony. This is more likely if there is compelling evidence of shared expenses and financial interdependence between the cohabitating people.

In some cases, the court may find that the recipient’s cohabitation has significantly improved their financial situation so that the judge will end all alimony payments. In other words, the alimony recipient’s new partner or roommate provides such extensive financial support that it makes alimony unnecessary.

Ultimately, the court will base its decision on its evaluation of the financial evidence the spouse presents and the broader context of the case.

However, it is important to note that not all cohabitation situations will result in a reduction or termination of alimony. For example, when a cohabiting partner does not significantly contribute to the recipient’s financial stability, the court may not change its original alimony orders. Therefore, the outcome of alimony modification requests related to cohabitation can vary widely based on the specific details of each case.

The Role of Documentation and Evidence in Modifying Alimony Based on Cohabitation After Divorce

In Connecticut, documentation and evidence play a crucial role when seeking to modify alimony payments. When one party seeks to adjust the amount of spousal support they pay or receive due to the recipient spouse’s cohabitation, it’s essential to be able to prove it to the court. In other words, having the proper documentation and testimony is not just important, it’s crucial. This may include financial statements, tax returns, proof of shared expenses with a new partner, and witnesses with expert or first-hand knowledge that the cohabitation substantially and positively impacts the recipient’s financial status. Courts must rely on this evidence to assess the validity of the modification request. However, obtaining it can be time-consuming and expensive.

In addition, typically, the plaintiff only has access to gather most of this evidence through the discovery process in the modification action itself. This means that the alimony payor seeking the modification may only fully know the extent of the cohabitation’s impact on their ex’s finances after they file their modification. In other words, they may only know whether the juice is worth the squeeze once they are already well into litigation.  

Does Your New Relationship Have to Be Romantic to Impact Alimony?

In Connecticut, cohabitation can impact alimony payments, but it doesn’t need to be with a romantic partner to matter. Under Connecticut law, alimony can be modified or even terminated if the person receiving it is living with someone else in a way that changes their financial needs.

This means the focus is on the financial effect of the living arrangement, not the type of relationship. Whether the new cohabitant is a friend, a family member, or a romantic partner, the key question is whether sharing expenses or resources reduces the financial need of the person receiving alimony.

The Comprehensive Connecticut Alimony Guide

Alimony is one of the most important issues in divorces.  And, it’s one of the most confusing.  There are no set formulas or rules on (1) whether there will be alimony, and, if so, (2) how it’s calculated or (3) how long it will last.  The good news is that this means there is tremendous flexibility to craft an individualized approach.  In order to prepare to make solid and informed decisions, you need to understand how alimony works. Our Comprehensive Connecticut Alimony Guide tells you everything you need to know about alimony in Connecticut.

Read: Alimony: The Comprehensive Connecticut Guide

Next Steps

At Freed Marcroft, we help you navigate these complexities, empowering you with the information you need to make the best decisions for your future. If you’re concerned about how cohabitation might impact your alimony—either as a recipient or a payer—our team can help you assess your options and develop a strategy to protect what matters most to you.

To start making a plan for your divorce, reach out.  Our first step at Freed Marcroft, the Goals & Planning Conference, is designed to get to the heart of your problem and unveil your true goals.  We analyze those goals, plus the facts of your case, and present you with recommendations and options to move forward.