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

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Old 08-25-2015, 07:08 PM
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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 months...so 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?
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Old 08-25-2015, 09:47 PM
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does the guy have a drivers licence? He would have to provide a new address for insurance and the licence etc.
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Old 08-26-2015, 09:50 AM
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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.
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Old 08-28-2015, 02:16 PM
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Quote:
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.
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Old 09-07-2015, 11:40 AM
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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...
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