How is alimony affected by cohabitation?

Alimony in Virginia is a court-ordered benefit paid from a higher-earning former spouse to a lower-earning former spouse after a divorce. In Virginia, alimony is often referred to as spousal support. Generally, alimony is determined by a court, taking into account the income of each spouse, their work history, education, and other factors. When it comes to alimony and cohabitation, it is important to understand that Virginia courts consider cohabitation, or living together in the same dwelling, to be a significant change in circumstance. This means that either former spouse may petition the court to modify the alimony agreement due to the cohabitation. The court may reduce the alimony award if the alimony recipient is now receiving financial support from another person through the cohabitation. For example, if the former spouse is able to receive free rent, food, and other necessities from the new partner. On the other hand, the court may increase the alimony award if the former spouse is now responsible for more financial obligations due to the cohabitation of the two former spouses. However, if the couple chooses to marry, a court may consider this a permanent change in circumstances and consider the original alimony agreement terminated. Therefore, if a former spouse cohabitates with their new partner, they are taking a risk that the court may reduce or terminate any alimony payments they may be receiving.

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How is alimony affected by cohabitation?

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