Alimony—called spousal maintenance in Colorado—is meant to provide financial support to a lower-earning spouse after divorce. But what happens if your ex moves in with a new partner? Does this automatically end your alimony payments?
Many people assume that cohabitation automatically terminates alimony, but the reality is more complicated. Colorado has specific laws regarding how cohabitation affects spousal maintenance, and whether or not your payments can stop will depend on your unique situation.
Here’s what you need to know about alimony and cohabitation in Colorado and what legal steps you can take if you believe your support obligations should change.
How Does Colorado Define Cohabitation?
In Colorado, cohabitation means that your ex is living with a romantic partner in a marriage-like relationship. Simply dating someone or staying over a few nights a week does not necessarily qualify as cohabitation.
Courts typically look at the following factors to determine if cohabitation is affecting your ex’s financial situation:
- Do they live together full-time?
- Are they sharing household expenses, rent, or mortgage payments?
- Do they present themselves as a couple (shared bills, joint accounts, or a domestic partnership)?
- Has their financial need for alimony significantly decreased?
If these conditions apply, you may have a strong case for modifying or terminating your alimony payments.
Does Cohabitation Automatically End Alimony in Colorado?
Cohabitation does NOT automatically end alimony in Colorado. Unlike child support, which follows strict state guidelines, spousal maintenance is case-specific and depends on the language in your divorce agreement.
You will likely need to petition the court to modify or terminate alimony and provide proof that your ex’s financial circumstances have changed due to their new living arrangement.
How to Modify or Terminate Alimony Due to Cohabitation
If you believe your ex is cohabiting with a new partner and no longer needs financial support, you can take the following legal steps:
1. Gather Evidence of Cohabitation
The burden of proof is on the person requesting the modification—you must show the court that your ex is financially benefiting from their new living situation. Helpful evidence includes:
- Lease agreements or property records showing shared residency.
- Utility bills, bank statements, or joint financial accounts.
- Social media posts or public records that indicate cohabitation.
- Witness testimony from neighbors, friends, or others who can confirm the living arrangement.
2. File a Motion to Modify Alimony
Once you have sufficient evidence, you’ll need to file a motion with the court requesting a modification or termination of spousal maintenance. The court will review the evidence and determine whether your payments should be adjusted.
3. Attend a Court Hearing
Your ex will have the opportunity to challenge the claim and provide their own evidence. If the court determines that cohabitation has significantly reduced their financial need, it may reduce or eliminate any spousal support obligation.
Exceptions & Special Circumstances
While cohabitation can lead to alimony modifications, there are exceptions:
- Your Divorce Agreement May Override State Law
Some divorce settlements include clauses that specifically allow or prevent alimony termination due to cohabitation. Always review your original divorce decree with an attorney. - Alimony Due to Long-Term Marriage May Continue
If you were married for 20+ years and your ex was granted permanent maintenance, cohabitation alone may not be enough to terminate alimony. - Short-Term Cohabitation May Not Be Enough
If your ex temporarily lives with someone but does not financially benefit from the arrangement, the court may deny your request.
What Should You Do If You Believe Your Ex Is Cohabiting?
If you suspect your ex is cohabiting and still collecting spousal support, you should:
- Consult a family law attorney to review your case.
- Gather strong evidence before filing a court motion.
- Act quickly—delays in filing may result in continued unnecessary payments.
At Boal Law Firm, we have extensive experience in modifying and terminating alimony agreements in Colorado. If you think your ex’s new living arrangement warrants a change in your payments, contact us today to discuss your options.
Call us at (719) 203-6339 or schedule a consultation online to protect your financial future.