How Living with a New Partner Can Impact Alimony

In some marriages, one partner provides the bulk – or entirety – of the financial support for the family, while the other partner may contribute in other ways. In these situations, a court may order 1 of 4 types of alimony for the economically dependent spouse. This spousal support may be paid for a set period of time – or last until certain circumstances change.

A new Massachusetts law makes it possible for the paying spouse to seek a modification of general term alimony if their ex moves in with a new partner. If the new couple maintains a common household for 3 months or longer, then the alimony could be suspended, reduced, or terminated. The statute is somewhat vague, which leaves a lot up to the discretion of the court. A skilled Quincy family law attorney can help you understand how the law affects your rights.

At Infinity Law Group, we work with clients throughout the greater Quincy area as they navigate the often tumultuous waters of divorce. We offer thoughtful legal advice that is designed to help you achieve the best possible outcome for your case. Reach out to our law offices today to schedule a free consultation with a Massachusetts divorce lawyer. 

What Is Alimony?

In Massachusetts, alimony may be ordered in some divorces when one spouse is in need of financial support. While alimony – or spousal support – is not ordered in every case, it is often a contentious matter in divorce litigation.

There are 4 different types of alimony that may be ordered as part of a divorce order or settlement:

1. Rehabilitative alimony is paid for a set period of time to help the receiving spouse become self-sufficient. In most cases, it can last for no longer than 5 years. The goal of this type of alimony is to allow the person to get retraining or education so that they can financially support themselves.
2. Reimbursement alimony is paid for short-term marriages of 5 years or less to pay one spouse back for the economic or noneconomic contributions that they made to the other spouse’s career. For example, if one spouse worked and maintained the household while the other finished professional school, they may receive reimbursement alimony. 
3. Transitional alimony is ordered in cases where the parties were married for 5 years or less as a way to help the receiving spouse adjust to a different lifestyle or location. It cannot be paid for more than 3 years.
4. General term alimony is paid to a spouse who is economically dependent on another spouse. It ends when the receiving party remarries or when one spouse dies. As described below, it may also end when the receiving spouse cohabitates with another person.

A court will weigh multiple factors – such as the length of the marriage, the age and health of each party, and the earning power of each party – when deciding whether to award alimony. A judge will also evaluate numerous factors to determine the type, length, and amount of alimony. Both general term and rehabilitative alimony can be modified by the court if the parties’ circumstances change. Reimbursement alimony cannot be changed once ordered and transitional alimony can’t be replaced or extended.

Will Living with Someone Affect Alimony?

Many people are under the impression that if they are awarded alimony, they will keep receiving it until they either remarry or one party dies. In Massachusetts, that simply is not the case. Alimony is often ordered for a limited period of time – and certain types of alimony may be modified.

One situation that may cause general alimony to be modified is cohabiting with another person. Under Massachusetts’ alimony reform law, general term alimony will be suspended, reduced, or terminated if the paying spouse demonstrates that the receiving spouse has maintained a “common household” with another period for a continuous period of 3 months or greater.

Partners are considered to maintain a common household when they share a primary residency together with others. A court will look at a number of factors to determine if someone is maintaining a common household with a new partner, such as:

• Statements made to other people about the relationship
• The economic interdependence of the couple or dependence of 1 person on the other;
• Whether the partners collaborate to further their life together;
• How the partnership benefits each person; 
• The reputation of the partners as a couple; and/or
• Any other relevant factors.

Notably, this new law does not explicitly state that the relationship must be romantic in nature. In theory, a paying spouse could seek to have alimony terminated if their ex gets a platonic roommate. While it seems unlikely that a court would modify alimony on this basis, the statute is written somewhat vaguely, which leaves a lot up to a judge’s interpretation of the law.

The law also does not provide guidelines for a court when it comes to suspending, reducing, or terminating alimony on the basis of cohabitation. This can make it difficult to know exactly what the outcome will be if you either petition the court to have alimony modified – or your ex files a petition. Courts will likely look at factors such as the lifestyle that the receiving spouse is living and the level of financial support that they get from their new partner when making a determination.

Issues surrounding alimony can be complicated – especially when one person lives with a new boyfriend or girlfriend. Our experienced Quincy alimony attorneys will help you evaluate your options and make a decision that works best for your unique situation.

Talk to a Quincy Alimony Lawyer Today

Alimony isn’t automatic in Massachusetts – and it isn’t necessarily designed to last forever. General term alimony may be modified if you move in with a new partner and live together for at least 3 months. Our law firm can help you navigate the legal process as it relates to alimony modification.

Infinity Law Group represents clients in Boston, Needham, and Quincy, Massachusetts in family law matters, including divorce, alimony, and child support and custody. We work with our clients to help them understand their rights related to alimony and other legal issues, including how one spouse living with a new partner may change their right to receive or obligation to pay alimony.  To learn more or to schedule a free consultation with a seasoned Quincy alimony attorney, call us at 617-250-8236 or fill out our online contact form.