The Effects of Cohabitation on Alimony in Alabama

mycasewebsites2 • November 2, 2016

If you are paying or receiving alimony as part of a Divorce Order in Alabama, this one is for you. Under Alabama Law, the obligation to pay periodic alimony terminates upon the receiving party’s “cohabitation” with a member of the opposite sex. So, what does that mean?

Under the case law, cohabitation is that thing that occurs somewhere between casual social and sexual activity and common law marriage (which only exists in Alabama until the end of 2016). The opinions handed down from the Alabama Court of Civil Appeals and the Alabama Supreme Court indicate that cohabitation requires two elements: 1) A relationship that bears some indicia of permanency, and 2) More than occasional or casual sexual contact.

So, you may ask, what qualifies as “indicia of permanency?” Sharing expenses, staying overnight with one another on a regular basis, dating to the exclusion of others, and receiving mail at the same address can all qualify under this element. This list is not all-inclusive, so contact me with your specific set of facts.

Here’s a good article on the subject from Diane Danois:

Here’s the thing. In Alabama, whether cohabitation has occurred is always a question of fact for the Judge to decide. That decision is reviewed by the Appellate Courts by “clearly and palpably wrong” standard. So, in Alabama, cohabitation is cohabitation if the Judge says it is cohabitation, and winning on appeal is very, very difficult. You can’t take back cohabitation. Once that bell rings, the right to periodic alimony is over forever.

You may be asking, “Ron, what can I do to protect myself?” I’m glad you asked. There are steps you can take to protect yourself, whether you are the payor or the payee of periodic alimony in Alabama. Call me at (251)445-0891, or email me at ron@mcbaylaw.com. Together, we’ll work to minimize your risks no matter which side of the check on which you find yourself.

Love is a Battlefield-VA Disability Payments in Divorce

By mycasewebsites2 • August 29, 2018
Mobile, Alabama has its fair share of military service members, veterans, and retirees. Sometimes, those folks get divorced. When they do, the military spouse’s military retirement is subject to equitable division by the Court. Either the parties agree on the division of military retirement or the Court divides it. In any event, the non-military spouse […] The post Love is a Battlefield-VA Disability Payments in Divorce appeared first on The Law Offices of Teague and McBay.

Making Up Is Hard to Do

By mycasewebsites2 • April 24, 2018
Thankfully, I’ve recently had a spate of couples who have decided to try and make their marriages work after filing a divorce. In a couple of instances, even after a great deal of fighting and legal wrangling, I’ve had clients lay down their swords and engage in reconciliation. I love it when that happens. In […] The post Making Up Is Hard to Do appeared first on The Law Offices of Teague and McBay.

What’s Different about McBay Law?

By mycasewebsites2 • September 5, 2017
I grew up watching Sesame Street. I loved Oscar and the Cookie Monster. One of my favorite regular skits was the “One of These Things is Not Like the Other.” I loved picking out the thing that was different. Of course, there were only ever four “things,” so choosing what was different was relatively easy. […] The post What’s Different about McBay Law? appeared first on The Law Offices of Teague and McBay.

Free Milk and a Cow: Common Law Marriage

By mycasewebsites2 • July 6, 2017
More than 30 years ago, the Georgia Satellites released a song about a marriage ultimatum: “Keep Your Hands to Yourself.” The lyrics document the struggle between the singer and his lover over the terms of their relationship. We don’t know how that story ends; whether the couple married or split up. The song came to […] The post Free Milk and a Cow: Common Law Marriage appeared first on The Law Offices of Teague and McBay.

Step-Parents and Custody Fights

By mycasewebsites2 • June 6, 2017
For those of you reading my blog for the first time, I am a divorce and family law attorney who is divorced, has children, has remarried, and has another child in my current, and final marriage. Confused? Don’t be. I often write from the perspective of a Dad who has children for whom I have […] The post Step-Parents and Custody Fights appeared first on The Law Offices of Teague and McBay.

Testimony in Divorce Cases: Don’t Monologue

By mycasewebsites2 • March 30, 2017
If you have children, you’ve probably seen The Incredibles. I’ve seen it a MILLION times. One of my favorite scenes is the one in which Syndrome, who has Mr. Incredible in a seemingly inescapable situation, realizes that he is monologuing. Of course, monologuing is a common theme in all sorts of hero/villain movies. The hero is […] The post Testimony in Divorce Cases: Don’t Monologue appeared first on The Law Offices of Teague and McBay.

Common Law Marriage Requires Regular Divorce

By mycasewebsites2 • March 22, 2017
Recent Events in Divorce and Family Law If you live in Alabama, you may know someone who has a common-law husband or wife. While only a few states recognize marriages with the absence of an official license, Alabama is no longer one of them. Before January 1, 2017, you could have avoided the ceremony, the […] The post Common Law Marriage Requires Regular Divorce appeared first on The Law Offices of Teague and McBay.

Waiting for the End of Time: Divorce in Mobile, Alabama

By mycasewebsites2 • December 30, 2016
As a child of the seventies and eighties, I have vivid memories of hearing “Paradise by the Dashboard Light” as performed by Meatloaf on the radio. Of course, early on, I had no frame of reference for the story told in song about the heat of passion and the consequences. For those of you who’ve […] The post Waiting for the End of Time: Divorce in Mobile, Alabama appeared first on The Law Offices of Teague and McBay.

If it can happen to Brad Pitt, it can happen to you.

By mycasewebsites2 • September 29, 2016
Unless you’ve been living under a rock, you’ve probably heard about what a mean son-of-a-bitch Brad Pitt is and that Angelina Jolie just can’t take it anymore. Multiple media outlets were eager to scoop Angelina’s side of the story about his anger management issues and how he’s a danger to the children. Lucky for Brad, […] The post If it can happen to Brad Pitt, it can happen to you. appeared first on The Law Offices of Teague and McBay.

Paying as Ordered is not Optional in Mobile, Alabama

By mycasewebsites2 • September 14, 2016
Please accept this as a public service announcement: If you are ordered to pay money in Domestic Relations Court in Mobile County, Alabama, your options are limited. You may: File a motion to alter, amend, or vacate a new Final Order; File an appeal of a Final Order to the Civil Court of Appeals in […] The post Paying as Ordered is not Optional in Mobile, Alabama appeared first on The Law Offices of Teague and McBay.
More Posts