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Does Cohabitation Preclude Alimony?


Everyone wants to move on with life after a divorce. However, many people do not realize that their decisions after the divorce can still affect such aspects of a divorce like alimony or child support. For instance, alimony payments change upon proof of cohabitation. Alimony payments are rarely set in stone under Nevada law, and it is important to understand how your post-divorce lifestyle changes can impact your alimony.

Two Types of Alimony

Nevada law acknowledges temporary alimony, as given during divorce proceedings to a spouse who would not otherwise be able to support themselves. However, the two most common types of long-term alimony of which people are aware are – lump sum, and periodic. Lump sum alimony is where one spouse is granted a specific set sum of money from the other which may be paid either all at once, or over a short period of time.

Periodic alimony, on the other hand, is not a specific amount; rather, it is a monthly amount payable to one spouse from the other for a period of time. In addition, periodic alimony ends, if certain conditions occur. Generally, one of two things happens – either one of the spouses passes away, or the receiving spouse marries again.

An Exception To The Rule

Cohabitation does not have a specific definition under Nevada law, though historically it has described two people who are living together in a “marital-like” relationship. However, Nevada jurisprudence has clarified that there does not necessarily have to be a sexual or romantic relationship for a relationship to qualify as cohabitation – two people may have a relationship that qualifies if they share enough of their lives; for instance, if two people share  bank accounts, vacations, and living space, that may be enough for a court to declare the relationship “cohabitation”.

Nevada law does not have an immediate presumption that if you start cohabiting with someone, you do not require alimony (or as much alimony). It must be proven that the cohabitation benefits you financially, in order for alimony to be modified or eliminated altogether.

Call An Experienced Divorce Attorney Today

If you have questions about your alimony and cohabitation, contacting the Nevada divorce attorneys at the Kainen Law Group can help clear things up. Contact our offices today to speak to an attorney.


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