Canada Family Law
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Hello, thank you for the question. It's a good one, this is certainly worth investigating.
How long have you been paying spousal support?
Can you tell me exactly what that clause regarding termination by occupancy says?
Is your son and his girlfriend paying rent?
OK, thanks for that detail.
There's a reason why I asked if the adult child was paying rent. If rent is being paid, then it's a commercial agreement and not "cohabiting" where your ex can depend on a new partner for support rather than you.
I've had lots of cases where the ex wife was entitled to spousal support as long as she was single. In some cases I've had to get a private investigator to find out how many nights per week her boyfriend stayed over in order to prove to that she was cohabiting in a spousal relationship.
But it strikes me as pretty obvious that whether she's getting rent from her child or not, she's not cohabiting in a spousal relationship. The income from her tenants might well reduce her need for support from you, but I doubt that any court would conclude that she's cohabiting (ie in a spousal relationship) because she's taken in her adult child and his partner.
You are looking at this rightly but in this particular instance I suspect that you don't have grounds to terminate spousal support due to her cohabitation.
Does that make sense?