The Law Offices of
Dawn K. Gull

Providing Family Law Representation In Western
Pennsylvania.

Dawn K. Gull

Does cohabitation have an impact on spousal support in Pennsylvania?

| Feb 17, 2021 | Uncategorized |

Most spouses feel the need to take a break from all romantic relationships after filing and finalizing their divorce. There comes the point at which a former spouse may adjust to their new normal and decide to enter the dating world again. It’s not uncommon for a couple to want to take up residence with one another, especially as their relationship gets more serious. 

Before you do, it’s wise to understand what impact cohabitation with a new partner has on any spousal support you may receive.

When might cohabitation affect spousal support?

Whether cohabitation impacts your alimony depends on your jurisdiction. 

Pennsylvania law, 23 Pa. Const. Stat. § 3706 (2020) prohibits a recipient spouse from receiving spousal support once they start cohabitating with a member of the opposite sex or they remarry. State lawmakers haven’t yet updated this statute to include same-sex couples. This same law also allows a judge to order a recipient spouse to repay any spousal support from the time their cohabitation began until their paying ex discovered it. 

You should know that if you live in a different state from your ex, then the laws that apply here in Pennsylvania may not be the same in the jurisdiction where your former spouse resides. 

When you’re facing a battle for your spousal support, what next?

If your former spouse is challenging your right to receive spousal support based on your cohabitation with another person, you would be wise to seek some experienced guidance. A family law attorney can help you assess your situation and will work to defend your interests.