Understanding the implications of cohabitation on spousal maintenance is crucial, as it may affect the maintenance amount or duration. In addition, being informed about the potential consequences of cohabitation can better prepare individuals for legal proceedings and help ensure a fair resolution for both parties involved.
Perusse Family Law is a reputable law firm with extensive experience handling family law matters in Colorado and Minnesota. Their experienced attorneys are well-versed in the nuances of spousal maintenance and cohabitation laws in both states, providing clients with knowledgeable guidance and effective legal representation.
Understanding Spousal Maintenance
Spousal maintenance, also called alimony, is financial assistance established to enable one spouse to uphold a comparable lifestyle post-divorce. It aims to address economic disparities between the parties and provide stability during the transition to single life.
Colorado Spousal Maintenance
Spousal maintenance is determined under the Colorado Revised Statutes (C.R.S.) 14-10-114. The state uses a guideline formula for calculating maintenance, which considers the parties’ combined gross income and the length of the marriage.
The maintenance amount and its term can be reevaluated considering fiscal resources, age, health condition, and lifestyle sustained during the marriage.
Alterations or dismissal of maintenance may occur if there’s a significant and ongoing shift in the situation, like moving in with a new partner.
Minnesota Spousal Maintenance
Spousal maintenance is governed by Minnesota Statutes Section 518.552. The court decides maintenance awards on a case-by-case basis, considering factors such as the parties’ financial resources, the length of the marriage, age, health, and standard of living during the marriage.
There is no specific formula used in Minnesota.
Spousal Maintenance could be temporary or lifelong and may be adjusted or discontinued if there is a significant shift in the situation, like the recipient living with a new partner offering financial advantages.
Impact of co-habitation on spousal maintenance
Colorado
Cohabitation and its impact on spousal maintenance are addressed under Colorado Revised Statutes (C.R.S.) 14-10-122(1)a
Cohabitation can affect maintenance if the recipient lives with a new romantic partner and shares living expenses. The paying spouse has the burden of proof to show that cohabitation exists and warrants a change in maintenance. Evidence of cohabitation, financial interdependence, and relationship duration may be required.
Depending on the circumstances, cohabitation can lead to termination, modification, or continuation of spousal maintenance. The court will evaluate the situation and decide based on the case’s specific facts.
Minnesota
Minnesota Statutes Section 518.552, subd. 6 addresses cohabitation and its impact on spousal maintenance.
Living together can impact alimony if the person receiving it benefits financially from the shared living situation, considering the length and type of the arrangement. It is the responsibility of the spouse who pays to show that the recipient’s situation has significantly changed. Proof of living together, monetary interdependence, and the duration of the relationship might be necessary.
Based on the court’s evaluation, living together could lead to the ending, adjustment, or ongoing payment of spousal support. The court will review the unique details of the case to decide on a suitable outcome.
Navigating Spousal Maintenance and its Implications with Perusse Family Law
Understanding the implications of spousal maintenance, particularly in cohabitation cases, is essential for individuals in Colorado and Minnesota. Seeking personalized advice and guidance from a knowledgeable family law attorney, such as Perusse Family Law PLLC, with offices in both states, ensures proper navigation of the complexities of divorce cases.
Contact our Minnesota office at (612) 249-9343 or our Colorado office at (303) 228-2285.