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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 08-13-2009, 06:33 AM
googs googs is offline
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Default spousal support affected by my boyfriend moving in?

I am in the process of getting a legal separation. I am seeking spousal support. Can moving in with my boyfriend affect my spousal support? Does living common law make us married after a certain amount of time and because of that stop my spousal? Can my exhusband have spousal reduced because my boyfriend is living with me?

Is there anyway around it, if it does?
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Old 08-13-2009, 09:29 AM
About_Time About_Time is offline
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SS is based on need vs ability to pay. If you are sharing rent, bills and expenses with someone else then your need is reduced. Quite frankly, I think this is perfectly fair.

Do you already have an agreement in place?
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Old 08-13-2009, 09:47 AM
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Quote:
Originally Posted by About_Time View Post
SS is based on need vs ability to pay. If you are sharing rent, bills and expenses with someone else then your need is reduced. Quite frankly, I think this is perfectly fair.

Do you already have an agreement in place?
MOST spousal support is based in need/ability. However in my case SS to my ex is based on compensation for damage to her earning potential during our marriage which were were able to determine. In my case SS remains what we set it to be (a fixed table, reducing over time), regardless of anything that happens after our separation, including cohabitation.

If your SS is based on need as About_Time has said, then cohabitating should effect it if you are to be fair.
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Old 08-13-2009, 09:48 AM
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We are just starting the process. I was married for 26 years. After two months of being separated he moved in with his girlfriend. There is nothing fair about it, unless his girlfriend's income factors in to what he can afford to pay me for spousal support. I have three older children that were living with us as well as a granddaughter. Only one is elligible for child support. We had offered to help my 22 daughter, seeing as she is a single parent just finishing up her college course.
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Old 08-13-2009, 09:53 AM
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If you gave up a career to stay home with your children and had a career setback, then I think you are entitled to more. Given that it seems both of you are planing on living with someone else, then the ability to pay and the need for SS may both factor in. Sounds complicated though.
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Old 08-13-2009, 09:56 AM
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Mine would be based on ability seeing as I predominantly stayed home and raised the 4 children never focusing on a career. For the past ten years I've worked doing home daycare. I'm 47 and as an Early Childhood Educator my earning potentional bites.

Thank you for your response.
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Old 09-23-2009, 04:12 AM
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you may think it is based on ability however if you did not give up a career to have children then that was your choice, if you trained in your field of work and worked during the marriage then your marriage did not damage your earning ability instead it helped your earning ability. you can't expect to earn what your ex earns if you did not choose to have a career like your ex. You can only expect to earn what is expected in your field of training. in our case, my husbands monthly budget is split in half since i am expected to contribute the other half, i believe a live-in partner will be expected to contribute half to your monthly budget as well. this will affect the amount of ss you will be able to seek.
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