The Review When Cohabitation Ends provision outlines whether spousal support will be reviewed if the recipient’s cohabiting relationship ends. This review allows both parties to reassess the spousal support arrangement to ensure it reflects the recipient’s current financial needs after the end of cohabitation.

Definition:

• A Review When Cohabitation Ends provision allows for a reassessment of spousal support when the recipient’s cohabitation with a new partner comes to an end. The review considers whether the recipient’s financial needs have changed as a result of their return to living independently.

When to Use:

• This option is useful when the original spousal support agreement has been modified or terminated due to the recipient’s cohabitation with a new partner, and a review is necessary to determine if spousal support should resume or be adjusted after the cohabitation ends.

Example:

• If the recipient had previously moved in with a partner and spousal support was reduced or stopped, a review may be triggered when the cohabiting relationship ends. The review will assess whether the recipient’s financial situation requires spousal support to be reinstated or adjusted based on their new circumstances.

Benefits:

• Fairness: Ensures that the recipient’s financial needs are reassessed if their living situation changes, allowing for support to be adjusted if necessary.
• Flexibility: Provides an opportunity to revisit the support arrangement after a significant life change, ensuring that both parties’ financial situations are fairly considered.
• Adaptability: Allows for adjustments in support payments if the recipient’s financial needs increase after the cohabitation ends, ensuring that they are not left without necessary financial assistance.

How It Works:

1. Triggering Event: The review is triggered when the recipient’s cohabiting relationship ends. At this point, both parties may request a reassessment of the spousal support arrangement.

2. Review Process: The recipient and payor will provide updated financial information, including income, expenses, and other relevant financial data. This information will be used to determine whether spousal support should be resumed, increased, or otherwise adjusted.

3. Adjustment if Necessary: Based on the review, spousal support may be reinstated at its previous level or adjusted to reflect the recipient’s current financial needs.

Legal Considerations:

• The agreement should clearly specify the process for initiating a review when cohabitation ends, including the type of documentation required and how the review will be conducted. It should also clarify how adjustments will be made if the review indicates that spousal support is necessary.

Why This Matters:

The Review When Cohabitation Ends provision ensures that spousal support arrangements remain fair and responsive to changes in the recipient’s living situation. It allows for the resumption or adjustment of support payments when the recipient’s financial situation may worsen due to the end of cohabitation, providing a safeguard for both parties.