Cohabitation / Alimony Reduction Cases

You should consult with your attorney to see if there is a possibility that your alimony may be reduced or eliminated should it be found that your ex has been residing with someone over a period of time. In some states, if an ex spouse is found living with someone over a 90 day period,they may qualify for a reduction or elimination of alimony. You and your attorney would have to petition the Court. You must remember however that it is not the duty of the Court to investigative your suspicion that your ex is cohabitating with someone. It is your responsibility to prove your suspicions to the Court. The good news is that you do not need to prove it beyond a reasonable doubt. The standard is a preponderance of the evidence which merely means that if you show that it is more likely than not then you have proven your case.

It is important to build a solid case because you will only have one chance in Court; if you fail to prove your case because the case was not built soundly then you dramatically diminish your credibility with the Court and a favorable future outcome is slim. An agency with knowledge and experience in such cases is the key ingredient needed for success in these types of cases; the next important ingredient is patience.

Patience is requiredbecause the investigation will take 90 days or more with the current statute in place. It is also important to remember that this is a long term savings attempt that may pay off ten-fold in the future. As you can imagine, a 90 day plus investigation will be more costly to conduct than standard investigations. Costs and fees associated with the investigation usually range around $4500 and upward. Retainers are paid over the 90 period with increments agreed upon at the time we are retained.