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joelaws8
joelaws8, Lawyer
Category: Family Law
Satisfied Customers: 390
Experience:  I can answer general family law questions regarding the family code and procedure.
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In my divorce decree there is a clause regarding cohabitation.

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In my divorce decree there is a clause regarding cohabitation. I would like to live with my boyfriend along with my daughter. I am on SS disability and receive lifetime alimony unless i cohabitate or re marry. My ex husband is stating he will waive the cohabitation clause and sent me this document as follows. Please advise me if at the time of 5 years i am no longer cohabitating will my alimony still cease?

Donald Tretola and Francine Tretola have mutually agreed to waive the cohabitation clause in our PSA. Due to the fact Francine cannot afford to support herself and their daughter Donna Tretola. David Jarry will move in to cohabitate. Upon signing this agreement Francine has agreed to eliminate the 50.00 a week in child support for there daughter Donna. The alimony will cease after 5 years of cohabitation or marriage.

Hello, my name isXXXXX am a licensed attorney and I will be helping you find the answer that you are looking for.

Unfortunately, a contract with the above verbiage (or any other) will not protect you from the power of the court order. In any case that a contract contradicts the court order, the court order will prevail.

This is how it could play out (worst case scenario), your ex signs the agreement, but then as soon as you move in with your boyfriend, he stops paying you alimony. At that point you would have to file a Motion for Enforcement of the Court Order. The court would review the order and would most likely rule in favor of your ex because he is complying with the court order - despite the (effectively meaningless) contract.

Therefore, your best course of action would be to file a Motion to Modify the Divorce Decree. That will allow you to take out the clause about cohabitation and to reduce the child support amount. If you are both in agreement on the issue it should be relatively painless and both of you would be protected from the "what if's."

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Thank you very much,
Joe

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