Cohabitation is a legal term used to describe when two unmarried people are living together as if they were married. This term typically comes into play when one party is paying spousal support and discovers that the recipient is now living with a new person. This can sometimes cause people to ask the question, “Am I paying for my ex and their new significant other?”
What Can I Do?
When this question is raised, people wonder if they can do anything about their spousal support obligation. The first requirement is that the court order that creates the obligation must say that the support obligation is modifiable. While it is true that most divorce decrees are modifiable, some are not. Second, you must look at the available grounds for modification. Recently, cohabitation has been added as a ground for modification in many divorce decrees. If cohabitation is a modifiable ground in your divorce decree, you can move forward with building your case.
What Do You Need to Prove?
The requirements for cohabitation are that your ex and their new significant other are “actually living together”, “for a sustained duration”, and that they are “sharing expenses”. This means that it is not enough for them to stay the night once a week, or to bring over a pizza one Friday night. However, there are many acts that can go towards proving cohabitation.
Actually Living Together — What Can a Private Investigator Do?
“Actually living together” is the first requirement for proving cohabitation. It includes acts like having their property there, storing their car in the garage, and helping repair the house. Powers Investigations has helped numerous clients prove this prong. We have done everything from video surveillance to even tailing people for extended periods of time, to provide proof on how often someone is at a home. Our evidence can be used to prove that they are bringing groceries into the house every week. We can provide photographic proof that their car is parked in the garage every day. We have even been able to show that they are having their packages shipped to your ex’s house.
For a Sustained Duration — How Do You Prove That?
The court has interpreted “for a sustained duration” in a variety of ways. Some courts have suggested that as little as three months is enough, while others claim two years to be the minimum. Regardless of the exact number, a skilled private investigator can provide evidence of someone’s presence at a home. From in-person surveillance to vehicle tracking devices, we can provide evidence of how frequent someone is at your ex’s house.
Sharing Expenses — What Evidence Can You Gather?
“Sharing expenses” requires that your ex and their new significant other pay for things for each other. Now, this needs to be more than giving your ex $20 for wine on the Friday date night. What we can provide leads for your attorney to investigate further. If we saw them going to a specific grocery store, you would have a store to inquire further about. If we see them bringing toilet paper into the house, they could be providing toiletries which may indicate cohabitation.
Powers Investigations has been in business for over 30 years, providing top-notch investigative services in thousands of cases. Our skilled investigators have years of experience in the field, providing them the real-world knowledge required to perform in complex cases. We know what to look for and how to gather the information you need. We are one of Central Ohio’s premier private investigation companies, with experience not only in Central Ohio, but throughout the world. Our team has provided the same, top tier services in various countries including France and Germany.
Our team is well versed in collecting evidence with your upcoming cohabitation case in mind. We have investigated numerous cohabitation cases over the years, providing the highly detailed evidence necessary to prove to the court that cohabitation is occurring. Our investigators and our evidence have both withstood cross-examination by highly experienced attorneys due to our experience, skill, and diligence when conducting ourselves in the field.
To begin gathering the evidence you need to prove cohabitation, contact Powers Investigations today, because “You have a right to know!”