Impact of Cohabitation on Alimony in Arizona
Cohabitation occurs when an ex-spouse enters a relationship with a new live-in partner to whom he or she is not married. While there is no bright-line definition of “cohabitation” in Arizona, generally the more closely the relationship resembles a marriage, the more likely the court will call it cohabitation.
Spousal maintenance won’t end immediately if a court decides a supported spouse is cohabitating. Rather, if an obligor spouse is able to prove cohabitation, then a court will look at the financial circumstances of the spouses to decide if a reduction in support is appropriate. Generally, a judge will reduce alimony by the same amount of money a cohabitating partner is contributing to a supported spouse.
Impact of Remarriage on Alimony Supported Spouse’s Remarriage
A supported spouse’s remarriage will ring in the end of alimony. In limited circumstances, a divorce order may allow spousal maintenance to continue after a spouse has re-wed. Nevertheless, in all other cases, a supported spouse’s remarriage will terminate alimony automatically.
Even if a new marriage is later annulled or declared invalid, any alimony award that was extinguished by the remarriage can’t be reinstated. Nevertheless, if an obligor spouse continues to pay alimony, not knowing that a supported spouse has remarried, he or she will be entitled to a fund of any monies paid after the date of remarriage. Remarriage and Alimony in Arizona | DivorceNet.com