Staying your other home one day a week would not constitute residency in the home. There are no set amount of days you must stay in the home. Cohabitation is when two people are living together as a couple. Since you are living with the boyfriend this would be considered cohabitation since he is paying the bills in his own home and you are living there.
In the end it is up to the judge to decide what constitutes cohabitation when you have your own home. Since others are living there this is going to give strength to his claim that you are not residing there and are in fact renting it to others.
You must be very careful of this situation, if you attempt to lie or perjure yourself and are proven to be lying you can be held in contempt of court and can face perjury charges.
In the end I would advise you to just be truthful with the judge and allow him to decide if this would be cohabitation or not.
Are you sure you want a attorney that would have you perjure yourself? Your attorney is acting in a unethical manner and should you get caught in perjury she will be the first to claim she had no knowledge of you living with your boyfriend thus allowing you to carry the burden on these actions.
Either way, if you are going to claim you are living at home then that is what you will want to do. Keep in mind it isn't that difficult to get proof from private detectives and witnesses that you are living there so you will want to keep it honest if you wish to go this route. At the least you will want to do now what you are claiming you have already done.
Your boyfriend will want to start returning the mail as "Not a resident"
Did you need anything else? Or would you like a second opinion?
The money you receive can be considered as income in this case. Since the alimony is to pay your bills the court will have to take this into consideration. As for staying with your boyfriend this is not going to happen even after the case is settled. If you go back to living there your husband can start the process over again.
Since the law requires that you are not cohabitation with anyone that is what you must follow. I know this is not a easy situation but the fact is the courts will consider him as not responsible for you if you are cohabitation with someone else.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).