Living with someone else while you are going through a divorce can cause issues in court if your current living condition is one of the reasons your spouse is so angry. It can, in fact, affect the division of your marital property. However, if you and your spouse are willing to compromise when it comes to custody, support and division of marital property, the fact that one of you is living with someone else should not be an issue.
Going through a divorce where there are a large amount of assets and children are involved can be complicated. You can get help from an experienced family law lawyer for handling divorce, alimony and custody cases.
A no-fault divorce is currently available in every state. What this means is one spouse in particular is responsible for the marriage failing. It is not necessary for the spouse asking for divorce to accuse the other spouse of wrongdoing. Rather, the spouse requesting the divorce needs to declare one of the following two statements:
-They have mutually agreed to live apart for a designated time
-Because the couple does not get along anymore, they wish to part ways (this is defined by the court as irreconcilable differences, the couple is incompatible, or the marriage is said to be broken and irremediable)
This does not necessarily mean that leaving your spouse and moving in with someone else is okay and will not have an impact on the divorce process. Even though all fifty states offer a no-fault divorce, thirty states have retained fault-based divorces (as a result of adultery, desertion, abuse, etc.). In these states a spouse, in certain cases, can sue for a fault-based divorce by illustrating how they were mistreated. This will, in fact, have a big impact on the division of marital property, how much alimony and whether alimony is received at all. In addition, whatever the type of divorce, the ‘fault’ may be brought up in court when deciding property, support, or visitation and child custody.
How “Fault” Affects Alimony
Alimony differs from child support as it is defined as the financial assistance given by one ex-spouse to the other under the court ordered conditions or settlement agreement after a divorce.
Just a few decades ago, alimony was more of a necessity because the typical family involved the men going to work and the woman staying home to raise the children. Because there are many women working, alimony is less frequently granted, usually for a shorter amount of time, and sometimes it isn’t even requested. Note that, if at the time of the divorce, no alimony is granted, a spouse usually cannot go back and request alimony at a later date.
In some states, if you live with an unmarried person it may have an effect on your chances to receive alimony. Many states where the spouse is assumed guilty of adultery, they may be either prevented from getting alimony at all or receive less than a fair share.
There are rules specific to each state; however, almost all states may reduce alimony receipts if the recipient is living with another partner, especially if this arrangement reduces that individual’s financial need for support.
Consult with experienced family law attorneys to assist you in sorting through the complexities of your particular divorce situation.
