If you have a new partner in your life, you may be thinking more and more about possibly moving into a shared space together. This may be because you want to pool your resources to cover the cost of living, you have plans to get legally married soon, or this simply feels like the natural next step in your relationship. While this is all new and exciting, you must not forget the consider the potential impact it may have on your standing alimony order and child custody arrangement from your previous divorce case. With that said, please continue reading to learn whether you can cohabitate and still collect alimony and retain joint custody rights, and how an experienced New York City alimony attorney at Zimmet Law Group, P.C., can guide you on the wisest decision.
Can I cohabitate and still collect monthly alimony payments?
There is nothing legally restraining you from cohabitating with a new partner after your divorce from your former spouse. However, you must understand that in doing so, you may make yourself vulnerable to a post-judgment modification case with the same New York family court. That is, your former spouse may exercise their right to petition for the reduction or elimination of your monthly alimony payments in response.
Here, the court may ask you and your new partner to produce your financial records and look for any indications of financial interdependence. That is, you may now share a mortgage or rent payment, split the cost of utility bills, and share groceries for the household, all while funding these living expenses with a joint bank account. Here, your former spouse may claim that you no longer require their financial support to stay afloat post-divorce.
Can I cohabitate if I have joint custody over my child?
Your former spouse may not appreciate the concept of your child living with anyone other than their parents. So, if you inform them on your plan to move in with your new partner, they may challenge your living arrangement with the same New York family court. Here, they may have the overall argument that this home environment would not work in your child’s best interest. They may back up this argument with any number of explanations.
For one, they may express concern over the long distance between their residence and the living space you and your new partner intend to move into. They may emphasize that the commute may be too draining for your child and interfere with their schoolwork, extracurricular activities, social life, and more. Or, they may go as far as accusing your new partner of being unequipped to provide a safe home environment for your child, whether it is because of a history of substance abuse, neglect, abandonment, or otherwise.
The first step toward preparing yourself for this legal action is to retain the services of one of the skilled New York City matrimonial and family law attorneys. Look no further than Zimmet Law Group, P.C.
