Are you paying alimony to an ex who’s living with a new partner, or even just in a serious, committed relationship? If so, you might be wondering if you still have to keep paying. While Louisiana law permits the termination of support due to cohabitation, the legal standard isn’t as simple as proving that two individuals share a residence. Understanding the specific requirements set by Louisiana courts is essential for determining if your circumstances warrant a modification. Please continue reading to learn how cohabitation affects alimony obligations in Louisiana and how a determined Monroe, Louisiana Alimony Lawyer can help you understand your legal options.
Is Cohabitation Automatic Like Remarriage?
First and foremost, it’s crucial to understand that under Louisiana Civil Code Article 115, “the obligation of interim spousal support or final periodic support is extinguished upon the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons.”
While remarriage and death end support automatically, cohabitation is a whole different ballgame. Even if your spouse is living with a new partner, it doesn’t mean you can simply stop satisfying your support obligation. In Louisiana, the burden rests on you. This means you must file a formal request with the court to terminate that support, and you must demonstrate that their relationship meets the state’s specific legal standards.
What Does “In the Manner of Married Persons” Actually Mean?
Louisiana law doesn’t use a specific checklist for cohabitation. Instead, courts look at whether a couple lives together “in the manner of married persons.” This standard replaced the older term “open concubinage” in 1997, though you may still see the old phrasing in older cases. To meet this requirement, a couple must do more than just live together; they must act and present themselves to others as if they are married.
Does Louisiana’s Fault-Based Bar Impact Your Case?
The state imposes strict spousal support laws. Under Civil Code Article 111, you must be “free from fault” to qualify for permanent alimony. If you’re blamed for the breakdown of the marriage due to adultery, abandonment, or cruelty, you lose eligibility, even if you need the support.
Support payments are limited to 33% of the payer’s net income. Interim support typically stops 180 days after the divorce decree unless extended by a judge. It should be noted that cohabitation can end both interim and final support.
Furthermore, to stop support based on cohabitation, you must prove the partner lives “as a married couple,” which requires showing deep financial and social ties. Given that the burden of proof rests on the paying spouse, and support rules overlap with fault findings, navigating these claims requires evidence-based legal arguments. An experienced attorney can help you gather the necessary evidence and build a solid strategy to protect your interests.
At Breithaupt, DuBos & Wolleson, LLC, we are prepared to guide you through this complex process. Reach out to our firm today to schedule a consultation.