Free Consult
The Law Offices of Eric J. Tatum, LLC The Law Offices of Eric J. Tatum, LLC
Schedule Your Free Consultation Today
770-648-2789 800-494-1577
Menu free consult

Cohabitation and alimony: What you need to know in Georgia

When you get a divorce and have to pay alimony, you may be most concerned about when those payments can end. In most situations, when a woman or man remarries, the alimony that was being paid to that person ends. What about situations where a person moves on but does not get remarried, though? Those are tricky cases and ones in which your attorney may need substantial evidence to have you released from alimony obligations. You'll need to show that your ex is now financially stable and sharing responsibilities with someone else, not just relying on what you've been providing.

According to Georgia's live-in-lover statute, a person can modify or eliminate alimony payments completely by showing that his or her ex is now living with and sharing rent and other costs with a lover. To prove the case, it's important to show that the cohabitation is resulting in the sharing of expenses or sexual activity. Additionally, the people living together must be doing so openly and continuously. Coming over to spend the night once in a while would not count, nor would picking up the bill here and there for rent or other purchases.

If you can't prove that the other party has moved on, then it's a risk to file this claim without enough evidence. If you do and fail to convince the court, then it's possible that you could be forced to pay for the attorney fees of the other party. Your attorney can discuss the risks and likelihood of winning this kind of case if you've found yourself in this position.

Source: Georgia Bar Journal, "Change Language: A Look at the Law," Deborah S. Ebel and Margaret E. Simpson, accessed Dec. 02, 2016

No Comments

Leave a comment
Comment Information
Back to Top