Dear Customer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service. I am sorry to hear of your failing health and would like to help in any way I can. But, the best thing I can do for you is to maintain my ethical obligation to you to give you only correct Answers and information.
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.
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
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.
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).