How is alimony affected by cohabitation?

In Delaware, cohabitation can affect alimony in a few different ways. Cohabitation is defined as a shared living arrangement between two people who are not married to one another or legally bound to each other in a domestic partnership. When a person who is receiving alimony begins cohabitating with another person, the court may reduce or terminate the existing alimony award. This is because the court may view the cohabitation as a substitute for some of the financial support the spouse had been receiving through alimony. The court may also terminate or reduce alimony payments if the alimony recipient has engaged in behavior that is contrary to the goals of the alimony award. For example, if the alimony recipient is living with another person in a way that is leading to their financial support being reduced, the court may view that as a violation of the alimony award. Finally, when a spouse who is receiving alimony remarries, alimony payments may be terminated, although the court may still impose an award for payments of arrears. In general, when a person receiving alimony begins to cohabitate, an alimony award can be reduced or terminated. It is important to understand the details of alimony law in Delaware before entering into a cohabitation relationship if alimony is already in place.

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