Cohabitation, Remarriage and Alimony

In PA, most court-ordered alimony (also called spousal support) is immediately terminated upon the marriage or cohabitation of the spouse receiving the support. Since spousal support is calculated based on many factors, including age, length of marriage, income and income potential, and standard of living, it is reasonable to assume that if an ex-spouse remarries, many of these conditions would change. The ex-spouse receiving support (traditionally the wife) will see an improvement in her standard of living and household income upon marriage or cohabitation, thus alimony would be terminated automatically. 

However, what if your ex is cohabiting? If you can prove cohabitation, you can petition the court for termination of spousal support. Proving the cohabitation will take some investigation on your part, for which you may want some professional help. 

PA law on remarriage and cohabitation

Under PA law, Title 23, section 3701e “Modification and Termination”,

“An order entered pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made. Any further order shall apply only to payments accruing subsequent to the petition for the requested relief. Remarriage of the party receiving alimony shall terminate the award of alimony.”

Thus, changes in circumstances can modify or terminate alimony, as in the case of remarriage. But it applies only to payments subsequent to the petition, not previous payments. 

The law specifically refers to cohabitation in Title 23, section 3706:

“No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity.”

So, if your ex moves in with someone with whom she has a romantic relationship, you may be able to terminate (once the court recognizes the cohabitation). 

PA Title 23, section 3701f states,

“Whenever the court approves an agreement for the payment of alimony voluntarily entered into between the parties, the agreement shall constitute the order of the court and may be enforced as provided in section 3703 (relating to enforcement of arrearages).”

In other words, as long as the court has approved your settlement, even if the agreement was settled outside of court, the law applies to that settlement, as well. 

Ways to prove cohabitation

You must be able to prove cohabitation in order for alimony to be terminated by the courts. You probably have heard or seen something that has made you suspect cohabitation. Was it something you saw on social media? Something your kids said about when they visited your ex? Something your ex or a mutual friend said? Hearsay is not evidence, but it can get you started. It is time to begin your investigation. We highly recommend hiring a private investigator who abides by ethical standards to do the following: 

• Look at the social media accounts of both persons. You can take screenshots of any comments or pictures that show evidence of cohabitation.
• Is your ex staying overnight at this new person’s place often? Simple surveillance will help determine this. Dated pictures of your ex’s car in the driveway at night and again the next morning could help to prove the case. If the car is there night after night, this may be helpful evidence. More detailed evidence may require the help of a private investigator.
• Obtain a background check to find out where your ex is getting mail or what address they are naming as their primary residence. A private investigator may be able to legally dive deeper and stay above board during the process.  
• A good PI can also interview neighbors and friends for more information. They would need to be willing to sign a statement or help you in court as witnesses.
• Determine if funds have been commingled. This is the clincher, and again, it may require hiring a private investigator. Did your ex purchase property with his/her partner? Share a bank account? Pay bills jointly?  

Start your research and see how much you can find easily and legally. Bring your evidence to a meeting with our team and we can get a sense of whether you’ve already collected enough evidence to convince a judge or if you need more. The sooner we submit a petition to the court the better because if the judge finds in your favor, your alimony payments will end from the date of the petition (as above in 3701e). 

Contact us today at the Law Office of Elissa C. Goldberg, in our Doylestown, Bucks County office: (215) 345-5259. We offer a free initial consultation to discuss your situation.