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Until recently, a divorced spouse could cohabit with their significant other without their alimony payments being affected. With the enactment of the Massachusetts Alimony Reform Act, a former spouse who pays alimony to his former spouse who cohabits with their "significant" other for more than 90 days, may have the alimony modified, reduced, or terminated. However, the Act provides that the facts and circumstances of each case shall be examined to see if there are any extenuating circumstances.
Please keep in mind that the Massachusetts Alimony Reform Act made some very wide sweeping changes. You would have a much better chance of keeping your alimony at the present level if you were not cohabitating with another individual, so anything that you can do from now until the hearing date will certainly help your case.
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I am aware of the law in Massachusetts. But I have doctors letters and proof of how I can not live alone. ADA, does not get involved, however to me this is discrimination of my disability which my Ex is fully aware of my health status.
The answer I received was the law which I am fully aware of the current change.
Friday, June 28, 2013 1:44 PM EST
I am aware of the law in Massachusetts. But I have doctors letters and proof of how I can not live alone. The ADA, does not get involved, however to me this is discrimination of my disability which my Ex is fully aware of my health status. How can this be allowed if I am legally blind, and have other health issues where I can not live alone?
Yes, now that would be helpful.
Great, thank you very much.First of all family law requirements and ADA requirements are completely separate branches of the law, and one does not really affect the other. In terms of claiming ADA protection, if you can show that the person who lives with you is a hired caregiver, then it would go a long way toward claiming that this isn't a violation of cohabitation rules since the person is not really residing with you as he is providing a service. But if the person you cohabitate with has had, or has an intimate or a romantic relationship with you, then this isn't an ADA violation because it has nothing to do with your disability and everything to do with an outside relationship that is governed under state law. The ADA protects individuals from being discriminated against if they have an impairment, thought to have an impairment, or had an impairment in the past. It does not legislate relationship or how private individuals choose to live with one another. This isn't an issue with some additional reasonable accommodation, purchasing a home with someone else is very much a partnership of sorts and that is exactly what that law is supposed to legislate. Having someone residing with you who provides you with care and service is fine--that obviously does not violate the ADA and it is a reasonable explanation under the Massachusetts Alimony Reform Act, but buying a home with someone and residing with them is completely different.Good luck.
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