Yes:
Definition: Selecting Yes means that spousal support payments will automatically terminate if the recipient begins cohabiting with a new partner. The assumption is that the new cohabiting relationship provides financial support, reducing the need for spousal support from the payor.
When to Use: This option is typically chosen when the parties agree that the recipient’s need for spousal support will be significantly reduced by cohabitation with a new partner, especially if the new partner contributes financially to the household.
Example: If the recipient moves in with a new partner, spousal support payments will cease immediately, as the recipient is now sharing expenses with their new partner.
Benefits: Ensures fairness by ending spousal support when the recipient’s financial circumstances improve due to cohabitation. It prevents the payor from continuing to provide financial assistance when the recipient’s financial need decreases due to the new relationship.
Legal Implications: The agreement should specify the process for determining when cohabitation has begun and how proof of cohabitation will be provided. Once established, spousal support will terminate without further review or modification.
No:
Definition: Selecting No means that spousal support payments will continue, even if the recipient begins cohabiting with a new partner. The recipient’s new relationship will not affect their entitlement to spousal support.
When to Use: This option may be chosen when both parties agree that spousal support should remain consistent, regardless of the recipient’s cohabitation, or when the new partner’s financial contributions are not expected to significantly impact the recipient’s financial needs.
Example: Even if the recipient moves in with a new partner, spousal support payments will continue as originally agreed, with no automatic termination or review of the support arrangement.
Benefits: Provides stability and predictability for the recipient, ensuring that their spousal support payments remain consistent and are not affected by changes in their personal relationships or living arrangements.
Legal Implications: By selecting No, both parties agree that the recipient’s cohabitation with a new partner will not impact the spousal support arrangement, and payments will continue regardless of the recipient’s new living situation.
The Alternative Cohabitation Terminates Spousal Support provision ensures clarity about whether spousal support will automatically end if the recipient enters a cohabiting relationship. Selecting Yes provides a fair and straightforward termination of support, while selecting No ensures consistency in support payments, regardless of the recipient’s living situation.