Alimony is designed to provide financial support to a former spouse after a divorce, but it is not always permanent. In Utah, cohabitation can be a legal reason for terminating alimony payments. If the receiving spouse enters into a supportive, marriage-like relationship, the paying spouse may petition the court to end their alimony obligations. At Porter Law Firm, we help clients understand how cohabitation impacts alimony and what legal steps can be taken to modify or terminate support.
Understanding how Utah courts define cohabitation is key to determining whether alimony can be legally stopped.
1. What Qualifies as Cohabitation Under Utah Law?
In Utah, cohabitation is more than just dating. Courts consider several factors to determine whether the recipient spouse is in a romantic, financially interdependent relationship that justifies terminating alimony. These factors include:
- Living together on a regular or continuous basis.
- Sharing financial responsibilities, such as rent, utilities, or expenses.
- Publicly presenting themselves as a couple, similar to a marital relationship.
- Duration of the cohabitation, as short-term relationships may not qualify.
Simply having a new partner or dating does not automatically lead to alimony termination—the relationship must reflect a level of financial and domestic partnership similar to marriage.
2. How to Prove Cohabitation in an Alimony Termination Case
If you believe your former spouse is cohabitating and should no longer receive alimony, you must petition the court and provide evidence to support your claim. This may include:
- Lease agreements or utility bills showing both names at the same address.
- Social media or public records demonstrating a shared life.
- Witness testimony confirming the relationship is ongoing and financially interdependent.
- Bank statements or financial records proving shared expenses.
Courts require substantial evidence, as terminating alimony is a serious legal step.
3. What Happens if the Court Confirms Cohabitation?
If the court determines that the recipient spouse is cohabitating, alimony may be:
- Terminated immediately from the date cohabitation was proven.
- Not reinstated, even if cohabitation ends.
- Retroactively adjusted, requiring the recipient to repay support received during the period of cohabitation.
Because Utah courts do not reinstate alimony once it is terminated, it is important for the receiving spouse to understand the legal consequences of cohabitation.
4. Can Alimony Be Reinstated if Cohabitation Ends?
No. Once alimony is terminated due to cohabitation, it cannot be reinstated. Even if the recipient spouse moves out or ends the relationship, they cannot petition the court to resume payments.
We know this blog may raise more questions than it answers. At Porter Law Firm, we help clients petition for alimony termination when cohabitation occurs and defend against unfair termination claims. If you need legal guidance on proving cohabitation or protecting your rights, we are here to help. Contact us today.