Yes:
Definition: Selecting Yes means that spousal support will be reviewed and potentially reduced or terminated if the recipient remarries or begins living with a new partner. The idea is that the recipient's financial need may decrease as they enter a new partnership with shared living expenses or financial support from the new partner.
When to Use: This option is commonly included when there is a concern that the recipient’s financial situation will improve significantly through remarriage or cohabitation, thus reducing their need for spousal support.
Example: If the recipient remarries or moves in with a new partner, the spousal support arrangement will be revisited to assess whether the recipient still requires financial assistance from the original payor.
Benefits: Ensures fairness by adjusting or ending spousal support if the recipient's financial circumstances improve due to a new partnership. It prevents the payor from continuing to provide financial support when the recipient no longer has the same level of need.
Legal Implications: The agreement should specify the process for reviewing spousal support upon remarriage or cohabitation, including what evidence is required (e.g., proof of cohabitation) and how changes to the support arrangement will be determined.
No:
Definition: Selecting No means that spousal support will continue unchanged, even if the recipient remarries or begins living with a new partner. The support payments will not be affected by the recipient’s new relationship or shared financial resources.
When to Use: This option may be chosen when the parties agree that spousal support should remain consistent, regardless of the recipient’s relationship status, or when the financial contributions of a new partner are not expected to significantly impact the recipient’s financial needs.
Example: Even if the recipient remarries or cohabitates with a new partner, the spousal support payments will continue at the same level without review or modification.
Benefits: Provides predictability and stability for the recipient, ensuring that spousal support payments remain consistent and are not affected by changes in their personal relationships.
Legal Implications: By selecting No, both parties agree that the recipient’s remarriage or cohabitation will not impact the spousal support arrangement, and the payments will remain unchanged regardless of any new financial support from a partner.
The Alternative Tied to Remarriage or Cohabitation provision ensures that spousal support arrangements are responsive to changes in the recipient’s financial situation. Selecting Yes allows for a review or termination of support based on new partnerships, while selecting No provides stability by keeping spousal support payments unaffected by the recipient’s relationship status.