Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I have an MDA that states that I cannot co-habitate or remarry without losing my alimony, however I have just been laid off from my job. I have an opportunity to sublease my home and share a residence in order to avoid foreclosure. Would this be reason enough to petition the court to reopen my case and strike this restriction? I live in Tennessee.â€
The term cohabiting generally refers to living with a member of the opposite sex with whom one is romantically involved. If that is what you plan to do, then you will be in violation of your order. And it is unlikely that the court would strike that restriction, because the whole point is that you should not be able to remarry – or create a situation that is effectively the same – where someone else is supporting you, and to have your ex-spouse still support you.
If you are going to move into a housemate situation, your best bet is to move in with someone of whom your ex could never in a million years suggest you were romantically involved.
On the other hand, if your future roomie is someone with whom you are romantically involved, well then shame on you for wanting to milk your ex.
