Ottawa Divorce .com Forums

User CP

New posts


  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

LinkBack Thread Tools
  #1 (permalink)  
Old 08-25-2015, 07:08 PM
Senior Member
Join Date: Apr 2011
Posts: 2,809
Pursuinghappiness will become famous soon enough
Default Proving CoHabitation

So my partner and his ex got divorced in the US and they mediated out their agreement....which states that his (substantial) alimony is ended upon a cohabitation or marriage to another male.

Its likely that she moved a new guy in sometime around the end of last year but they actually got engaged on mother's day and my partner was pretty sure she'd fess up about him living there.

She didn't.

Meanwhile, this new guy is paying all her bills including buying her a new car and paying for a remodel of her home. He also sold his house the beginning of this month.

She basically told the kids (who are older) not to reveal the living arrangements to my partner (her ex). She told certainly family members that she won't let him move in until after their marriage date because she's a strong Christian but my partner is fairly sure that this is a ruse.

My partner wasn't going to bother until they got married but they now have delayed their wedding date until next year. They gave some excuse to the kids but my partner is fairly certain that its because he hasn't taken action and the over 4k a month he pays will basically pay for their wedding.

Needless to say, my partner is retaining a lawyer.

He's got some things working in his favor. He's pretty sure he can compel a paper trail showing the multitude of household bills that her new fiancÚ is paying. He has the documentation showing that the guy sold his house and isn't residing anywhere else. And in addition, his son has been staying there the last 3 as a last resort, he can compel him to provide an affidavit (he really would prefer not to involve him though). There's also a site that offers to triangulate phone records which are obtainable with a court order.

Although the laws are slightly different in Canada, does anyone have any other suggestions or experience in proving cohabitation?
Reply With Quote
  #2 (permalink)  
Old 08-25-2015, 09:47 PM
Senior Member
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,241
standing on the sidelines is on a distinguished road

does the guy have a drivers licence? He would have to provide a new address for insurance and the licence etc.
Reply With Quote
  #3 (permalink)  
Old 08-26-2015, 09:50 AM
Senior Member
Join Date: Jun 2007
Posts: 556
paris is on a distinguished road

Totally different situation where a friend had to prove where somebody was living. They sent the person a registered letter to get a signature from that address.
Reply With Quote
  #4 (permalink)  
Old 08-28-2015, 02:16 PM
Senior Member
Join Date: Mar 2012
Posts: 283
nogoingback is on a distinguished road

Originally Posted by Pursuinghappiness View Post

Although the laws are slightly different in Canada, does anyone have any other suggestions or experience in proving cohabitation?
Hire a private investigator. I will cost you, but nothing compared to the 4K/month for the next year. If they are cohabitating, it would take about two weeks of on and off surveillance. The PI can also look into all the other things you mention: sale of house, phone records, as well as social media etc. Even though you have some evidence, evidence from a PI will look better. When cohabitation is proven, you file a motion to change asking for retroactive termination of spousal support and costs for having to hire a PI and lawyer.
Reply With Quote
  #5 (permalink)  
Old 09-07-2015, 11:40 AM
Senior Member
Join Date: Mar 2012
Posts: 283
nogoingback is on a distinguished road

Just came across this. It is US based, so even better for you.

Cohabitation and Alimony: How to Prove Your Ex is Living With Someone Else...
Reply With Quote

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Proving cohabitation - impact on SS mattine Financial Issues 17 09-02-2012 09:38 PM
Cohabitation agreement boundaries proactive Common Law Issues 1 07-01-2011 10:36 AM
Cohabitation clause to end spousal support Divorcedguy Divorce & Family Law 18 02-07-2011 12:43 AM
Divorce after a few months of cohabitation AkashSehgal Divorce & Family Law 18 08-05-2010 08:52 PM
Proving infidelity ella2009 Divorce & Family Law 8 03-13-2009 11:57 AM

All times are GMT -4. The time now is 05:54 PM.