In Virginia, the receiving party’s living circumstances can significantly influence spousal support arrangements. One such circumstance is cohabitation. This occurs when the party receiving spousal support lives with another person in a relationship similar to marriage for a continuous period, depending on the applicable state’s rules. This arrangement can lead to a reassessment of spousal support for several reasons.
Understanding how this can affect spousal support is crucial for both parties involved in a divorce.
What could trigger reassessment?
Under Virginia laws, it is possible to petition the modification or termination of spousal support based on a substantial change in circumstances. Cohabitation is explicitly mentioned as a condition that may warrant a reduction or end of support payments.
If the court finds that the cohabiting relationship significantly decreases the financial need of the recipient, it may reduce or terminate spousal support. The burden of proof lies with the payor to show that the recipient is cohabiting and that the relationship affects their financial needs.
Considerations for modification
The court considers several factors when deciding whether to modify spousal support due to cohabitation. This can include the duration and stability of the cohabitation, the nature of the relationship, the recipient’s contribution to the household, if any, and the overall impact on the recipient’s financial needs.
Understanding where you stand
If you are paying spousal support and believe that your ex-spouse’s cohabitation affects their need for support, it is advisable to approach the situation with legal guidance. Similarly, recipients of spousal support should be aware of how such changes in their living arrangements could impact their support.
Understanding these dynamics is not just about legal compliance but also about ensuring fairness and equity given the changed circumstances.
