Sec. 3701(e) of the Pennsylvania Statutes regarding alimony states:(e) Modification and termination.--
An order entered pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made. Any further order shall apply only to payments accruing subsequent to the petition for the requested relief. Remarriage of the party receiving alimony shall terminate the award of alimony.
In Pennsylvania, awards of alimony remain within the discretion of the court to modify or terminate, if one of the former spouses is able to prove that there has been a change in circumstances of a substantial and continuing nature. Co-habitation and remarriage may terminate alimony, as will the death of either spouse.
With respect to an alimony recipient's right to continue receiving alimony even after he or she begins to cohabit with a paramour, the majority rule now appears to be that the right to receive alimony only ends or becomes subject to modification if the need for the alimony is affected by the cohabitation. See, e.g., Alibrando v. Alibrando, 375 A.2d 9 (D.C. 1976); Meyer v. Meyer, 41 Md. App. 13, 394 A.2d 1220 (1978), cert. denied, 284 Md. 746 (1979); Gayet v. Gayet, 92 N.J. 149, 456 A.2d 102 (1983); Ho and Ho, 93 Or. App. 421, 762 P.2d 344 (1988); Ramsbottom v. Ramsbottom, 542 A.2d 1098 (R.I. 1988); Horr v. Horr, 445 N.W.2d 26 (S.D. 1989); cf. Combs v. Combs, 787 S.W.2d 260, 262 (Ky. 1990) (court concluded that "a maintenance recipient's cohabitation can render continued maintenance `unconscionable' if the nature of the cohabitation constitutes a new `financial resource' as contemplated in KRS 403.200(2)(a)"; the court also recognized that not every instance of cohabitation constitutes a change in circumstances making continued maintenance "unconscionable" and noted that a court must ascertain whether the living situation changes the maintenance recipient's economic position); Palmer v. Palmer, 289 S.C. 216, 345 S.E.2d 746 (1986) (court found that, as a result of her cohabitation with another man, former wife's economic circumstances had improved, warranting a termination of alimony). Thus, if an alimony recipient cohabits with another person on whom the recipient is to some extent financially dependent, many courts have found a sufficient change in circumstances which warrants a reduction in support. See Haag v. Haag, 609 A.2d 1164 (Me. 1992); Ianitelli v. Ianitelli, 199 Mich. App. 641, 502 N.W.2d 691, leave to appeal denied, 511 N.W.2d 686 (Mich. 1993); Weston v. Weston, 882 S.W.2d 337 (Mo. Ct. App. 1994); Gayet v. Gayet, supra; Wolfe v. Wolfe,XXXXX 2d 399, 350 N.E.2d 413 (1976); McVay v. McVay, 189 W. Va. 197, 429 S.E.2d 239 (1993).
So, again, the majority rule now appears to be that the right to receive alimony only ends or becomes subject to modification if the need for the alimony is affected by the cohabitation.
Your ex needs to report her "dependency" or "partial dependency" on the person's income, and that dependency WILL be factored into the APL. Unfortunately, you are going to have to be the one to PROVE that she is partially dependent on the other person's income. If you have information that shows the dependency/partial dependency, and she doesn't report it, she will be put in a VERY bad light.
The botXXXXX XXXXXne is that you will probably be able to get a reduction in support so long as she admits, you can show, or the court orders her to produce her boyfriend's income and the information shows that she is partially dependent on the other person's income.
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