The higher court ruled in late 2012 that Glen Herrmann no longer had to pay spousal support because his ex-wife was legally cohabitating with Ronald Cluly.The facts in this case are a bit unusual, especially regarding the level of commitment between the two parties.It's now not unusual for 21 century divorce decrees to state that any spousal support awarded can be terminated -- if the recipient begins cohabitating with another adult in an intimate relationship, especially when there's just one shared residence and finances are intermingled. When Betty Lee and William Jeffery Smith divorced in 1999, they had been married for 17 years and had raised five children together.In the JOD (judgment of divorce), Betty Lee was awarded ,500 a month in spousal support. Instead, they believed the couple was in a long-term, committed (monogamous) dating relationship.In contentious child custody cases, you may want to think of yourself as being under an unfair microscope.I use the word unfair because far too often every single action you take will be unfairly judged by your spouse or your spouse’s lawyer and may even be presented to the court as evidence that you are not acting in the I use the term microscope because it is not unusual for parents to keep a watchful eye on the other parent in the hope of catching him or her in actions that can be used in court during the child custody proceeding.Strifler where the judge listed some of the numerous factors and principles that family courts should consider in determining the significance of a new relationship on a former spouse’s support entitlement.
With that said, some guidance can be found in a recent Ontario case called Strifler v.While this is not typical for every case, the child custody cases that have a lot of acrimony do result in such unfortunate hyperbole.This is why you may want to be careful who you date and who you get serious about during a divorce.In its ruling, the Michigan Court of Appeals identified three key factors (set forth below) that must be considered when trying to determine if a couple is legally cohabiting together.1.When Ruth and Glen Herrmann divorced, their decree required Glen to pay his ex-wife 5 a month for five years, starting in early 2010. Herrmann could stop paying spousal support to Ruth if she began cohabitating with an unrelated male. Herrmann later asked a trial court to terminate his obligation to pay spousal support since his ex-wife had begun living with another man. However, the Michigan Appeals Court affirmed the lower court's ruling in part -- and reversed the part concerning the spousal support.Spousal alimony or support is the payment from one spouse to another, often to make up for the reduced financial resources of the receiving spouse, or to compensate for that spouse's contribution to the home or the other spouse's career advancement.