If you are paying alimony to a former spouse in Virginia, you may be wondering what happens if they start living with a new partner. This is one of the most common cohabitation investigation Virginia questions we receive at Blueline Investigative Services, and it is an important one. Understanding cohabitation and how it affects alimony payments in Virginia could save you thousands of dollars.
What Is Cohabitation?
Cohabitation occurs when a person lives with a romantic partner in a relationship that resembles a marriage. In Virginia, cohabitation is not simply about two people sharing a home. It involves a romantic relationship where two people are living together on a consistent and continuing basis, sharing expenses, and functioning as a couple.
It is important to understand that simply having a roommate does not qualify as cohabitation. The relationship must have a romantic component and the couple must be sharing their lives together in a meaningful way.
How Does Cohabitation Affect Alimony In Virginia?
Under Virginia law, spousal support — commonly known as alimony — can be reduced or terminated if the recipient spouse is found to be cohabitating with another person in a relationship analogous to marriage. This means that if your former spouse has moved in with a new partner and is living as though they are married, you may have grounds to request a modification or termination of your alimony obligation. You should always consult with an attorney before hiring us.
Virginia Code Section 20-109 specifically addresses this issue and provides that spousal support may be modified upon proof that the spouse receiving support has been cohabitating with another person in a relationship analogous to marriage for one year or more.
What Do You Need To Prove Cohabitation?
Proving cohabitation is not always easy. Your former spouse is unlikely to simply admit that they are living with a new partner. This is where a professional private investigator becomes essential. To successfully prove cohabitation in Virginia court you will typically need:
Documented evidence that the couple is living together on a consistent basis
Evidence of shared finances or expenses
Photographic or video surveillance showing the couple together at the residence
Documentation of the romantic nature of the relationship
Evidence of how long the cohabitation has been taking place
Simply suspecting that your former spouse is living with someone is not enough. You need solid, documented, court admissible evidence to present to the court.
How Blueline Investigative Services Can Help
At Blueline Investigative Services we specialize in cohabitation investigations in the Hampton Roads area of Virginia and Eastern North Carolina We conduct discreet professional surveillance and document all findings thoroughly so that your attorney can present the strongest possible case on your behalf.
We serve clients throughout Chesapeake, Virginia Beach, Hampton Roads, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Elizabeth City, Moyock, Currituck, and the Outer Banks.
If you suspect your former spouse is cohabitating with a new partner and you are still paying alimony, do not wait. Every month you delay could cost you hundreds or thousands of dollars in unnecessary support payments.
Contact us today for a free confidential consultation. Call or text 757-689-7453