Alimony is called spousal support in Ohio, and it can be negotiated between divorcing spouses or awarded by a judge. Spousal support can be awarded permanently or for a set period of time, and it may be modified if the circumstances of either party change significantly. However, this only happens in Ohio if the language in the divorce decree specifically states that spousal support is modifiable. Judges generally make sure that their spousal support orders are modifiable, and family law attorneys usually include this language when they draft divorce decrees.
Cohabitation
Cohabitation is considered a significant change of circumstances in Ohio. However, judges will only terminate spousal support because of cohabitation when the party receiving the payments has lived with a romantic partner for some time and shares living expenses with them. If a divorced spouse who receives support payments takes in a roommate, has only been living with a romantic partner for a few weeks or has been living with a romantic partner for many months but does not share living expenses with them, a petition to terminate spousal support is unlikely to be granted.
What constitutes cohabitation?
Cohabitation is generally defined as a romantic or intimate relationship between two individuals who are living together in a marriage-like arrangement, where they share living expenses without being legally married.
Proving cohabitation
Proving cohabitation can be difficult because divorce spouses often take great care to keep their living arrangements private so they can keep receiving spousal support. When private detectives are tasked with proving cohabitation, they often find proof of a romantic relationship on social media platforms and proof of shared living expenses in trash cans. When social media posts are guarded and utility bills are shredded before being discarded, investigators may conduct surveillance to gather evidence of cohabitation.
How to prove cohabitation?
In Ohio, proving cohabitation often requires presenting evidence to the court. Some examples include:
• Witness testimony from neighbors, friends or family members
• Photographs or social media posts showing the couple together
• Financial records indicating shared expenses or joint accounts
• Utility bills or lease agreements in both names
Other types of evidence can be mail or packages addressed to both parties at the same residence or vehicle registration or insurance documents showing the same address.
Waiting for spousal support
Cohabitation is considered a significant change in circumstances in Ohio that could lead to a spousal support termination, but gathering the evidence needed to prove that a couple have a romantic relationship and share their living expenses can be extremely difficult. When couples are very careful and attempts to gather evidence of cohabitation are unsuccessful, a divorced spouse making support payments may just have to wait. Judges in Ohio do not follow strict rules when they determine how long spousal support should be paid for, but they usually award one year of support for each three years of marriage.
What happens if cohabitation is proven?
If cohabitation is proven in Ohio, it can have significant consequences for spousal support arrangements. The court may:
- Terminate spousal support entirely
- Reduce the amount of support
- Modify the duration of support
- Suspend support payments temporarily
The outcome depends on the specific circumstances of the case and the judge’s discretion.
Tips to avoid spousal support termination
If you’re receiving spousal support and are concerned about potential termination due to cohabitation, consider these tips:
- Maintain separate residences and finances
- Avoid publicly presenting yourselves as a couple
- Keep detailed records of your living arrangements and expenses
- Be cautious about social media posts and public appearances
It is advisable to consult with an attorney before making significant changes to your living situation.
Can the supported spouse be ordered to repay alimony?
In some cases, if cohabitation is proven and the court determines that spousal support should have been terminated earlier, the supported spouse may be ordered to repay alimony. This is more likely to occur if the supported spouse intentionally concealed the cohabitation or if there’s evidence of fraud or misrepresentation.
It’s important to note that repayment orders are not automatic and depend on the specific circumstances of each case. The court will consider factors such as the duration of the cohabitation, the financial impact on both parties and any agreements made during the divorce process.