Will She Still Get Alimony if She Has a Roommate?

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

A house attorney has answered this question.