Over 4 million households in the United States account for unmarried couples. In the State of Massachusetts, the Alimony Limitation Law proceeds as follows:
The Massachusetts Alimony Limitation Law: Passed on March 12, 2012
The Alimony Reform Act (Chapter 124 of the Acts of 2011) reads in part...
Chapter 124 of the Acts of 2011
- Cohabitation Suspends, Reduces, or Terminates Alimony
"General Term Alimony shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payer shows that the recipient has maintained a common household with another person for a continuous period of at least three months."
When determining if the recipient is maintaining a common household, the court may consider any of the following factors:
- Oral or written statements or representations made to third parties regarding the relationship of the persons;
- The economic interdependence of the couple or economic dependence of one person on the other;
- The persons engaging in conduct and collaborative roles in furtherance of their life together.
- The benefit in the life of either or both of the persons from their relationship;
- The community reputation of the persons as a couple, or other relevant and material factors.
The state of Massachusetts is a "no-fault" state. Therefore the cause of divorce does not matter; assets and property are split equally. Apart from this, child custody, child support, and alimony depend on the parents' activities.
For example, in the state of Massachusetts, if a divorce occurs, and then the wife begins cohabitating with another man, both the wife and the person with which she is cohabitating is held responsible. Proof of cohabitation is a necessity in court to assist in child custody, compensation claims for child support, and alimony matters. All the facts that CBI’s Cohabitation Surveillance Investigators recover will be admissible in court in a well fashioned, clear manner.
If your ex-spouse is residing or cohabitating with an adult, you may have justification to decrease the amount you are paying in support. Our clients want to know whether they're supporting their former partner alone or their former partner and someone living with their former partner. If your former partner is co-habitating, questions start to arise about how much money you should be paying a former spouse in alimony. Evidence can be obtained to prove this permanent residential arrangement, and you could benefit from the results of CBI’s Cohabitation Surveillance results.
In preparing to bring an alimony reduction matter before the court, you must prove cohabitation of the ex-spouse first.
CBI is especially well suited and has already begun performing these types of investigations due to the nature of our business. We are able to perform periodic “spot check” investigations at different times of the day over a period of 3 to 4 months in order to establish a pattern and prove beyond a reasonable doubt that the recipient is maintaining a common household and “Co-Habitating”. All “spot checks” are video taped and preserved as evidence. Our investigators are skilled at stationary and mobile surveillance operations and perform surveillance on a daily basis. We have access to credit bureaus and national databases as well that can aide us in our investigation. Should you feel that we may be able to assist you in matters of Co-Habitation, please do not hesitate to contact us with any questions