How is alimony affected by cohabitation?
In Colorado, alimony is affected by cohabitation. Cohabitation is when two people live together in a similar type of relationship as a married couple. If a party receiving alimony enters into a cohabitating relationship, this may be considered a material change of circumstance that impacts the alimony agreement. The court may adjust or terminate the alimony agreement. The party receiving alimony must prove that there is a good faith relationship and joint financial contributions from both parties involved in the cohabitating relationship. The court may also consider the degree of permanency, duration of the relationship, frequency of contact, and the effect the relationship has on the alimony payments. The court may terminate or adjust the alimony agreement if it is found that the cohabitating relationship has replaced the need for alimony. The deciding factor in Colorado for alimony payments is that the party receiving the alimony must demonstrate that they are unable to meet their own living expenses through other means. If the party receiving alimony gets remarried that is usually considered a termination of alimony payments. In Colorado, if a party receiving alimony enters into a cohabitating relationship, they must notify the court. If they fail to do so, they risk losing their alimony payments. Therefore, it is important to understand how cohabitation affects alimony when living in Colorado.
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