OGDEN, Utah (News4Utah) – A Utah judge upheld a provision in the law that an ex-spouse who co-habitates with another significant other following a divorce could lose their right to alimony payments.
The ruling came last weekend after a man was able to prove his ex-wife was living with her new boyfriend. He had been reportedly paying her $7,000 a month in alimony. She will now have to pay much of that back.
In Utah, cohabitation (when proven) signifies to a judge that an ex-spouse is no longer in need of alimony payments.
Family law attorney Harry Caston said he has seen several cases like this, and they can get messy for both parties.
“This is very proof driven…it really depends on what proof there is,” Caston said. Caston said evidence of sharing bills, meals or a bed could prove cohabitation.
To prove cohabitation takes time and money, said Caston.
Some turn to a private investigator to gather evidence of cohabitation, but that is not cheap.