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Getting into a new relationship after you have divorced your ex-spouse is exciting. Its the next step into your new life. When you feel like you might be ready to move in with this new partner, there may be some additional things to consider, such as financial and children considerations.
What is cohabitation?
The law doesn’t clearly define cohabitation. It isn’t easy to determine at what point people are considered to be cohabiting
There are some guidelines which judges will use, which include;
- The parties are living together in the same household;
- The living together involves a sharing of daily tasks and duties;
- There is stability and permanence in the relationship;
- The financial affairs of the couple are indicative of their relationship;
- Their sexual relationship is admitted and on-going;
- There is a close bond between the third party and the spouse’s child;
- There is sufficient evidence that cohabitation existed in the opinion of a reasonable person with normal perceptions.
What happens if you ex partner thinks you are now cohabiting?
In some circumstances, this will mean nothing. The only time it might be a problem if you ex partner now suspects that you are cohabiting with a new partner, is if you ex partner is paying you spousal maintenance.
If you ex partner suspects you have moved in with a new partner, they can file a court order to stop the maintenance payments, as it will now appear that you are financially stable and can support yourself.
What should you do if you are cohabiting with someone new?
This means that any new relationships after your divorce need to be very carefully considered. Moving in with someone is always a big step, but it becomes an even bigger step when you risk losing financial stability. This means that you need to be as sure as you can be that the relationship will be long term, before you start to cohabit.
You should also do everything in your power to avoid it looking like you are cohabiting, before you do commit. Keep as much as your lives as separate as possible in terms of the practicalities of where you keep your possessions and how you organise your finances and maintain the two addresses.
As the laws around cohabiting are still quite unclear and changing all the time make sure you get a good family lawyer who can advise you on the likely outcomes of any actions. This way you can prepare yourself emotionally and financially from any requests from your ex.
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