Get an attorney’s help to prove your ex-spouse is cohabitating

In Massachusetts, alimony can be suspended or terminated based on the fact that an ex-spouse has been cohabitating with someone else in a common household for three months or longer.

But what if your ex won’t cop to the cohabitation? How do you tell if cohabitation is really happening or the whole thing is just your suspicions playing on coincidences?

There are some usual tell-tale signs:

— Your ex-spouse’s new partner is spending all of his or her nights with your ex.

— He or she is parking down the street, around the corner, or trying to hide the car in the garage.

— The kids have been told not to mention their new “Uncle” or “Aunt” to you.

Most of the actual evidence that you can take into a courtroom isn’t easily obtained without the help of an attorney and, quite possibly, a private investigator. If you’re only paying a modicum of support, and the payments are due for only another year or so, you’ll have to ask yourself if the cost of investigation and litigation is worth the result.

However, if you’re paying substantial alimony and it’s due to continue for a long period of time, then you should absolutely seek the help of an attorney to get the proof that you need to obtain a modification.

What sort of evidence can an attorney get that can help your modification request? Cell phone records, for example, can often be obtained with the help of an attorney. Even if your ex and his or her new partner aren’t on a family plan together (which would be convenient), the location of the someone’s cell phone is recorded continuously by nearby cell phone towers. That alone can help you in a number of ways:

— It can show that your former spouse is living somewhere he or she claim not to be.

— It can be used to show that the new partner is spending most of his or her nights and weekends at your ex-spouse’s home.

— It can help you corroborate other evidence or paint a more vivid picture for the court.

For more information on how our firm may be able to help you seek a modification or termination of your alimony payments, please visit our page.

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