What is a Cohabitation Investigation?

In many jurisdictions, payment of alimony or spousal support by one party to another is contingent on whether the receiving party is cohabiting with another person. In many situations, cohabitation by the spouse seeking or receiving alimony may be grounds for refusing or ending alimony payments.

If you are currently making alimony payments to an ex-spouse and suspect that they are living with someone else, WAPI can help you prove cohabitation and relieve you of further payments.

What is a Cohabitation Investigation?
A cohabitation investigation is an investigation to determine if the alimony-receiving party is cohabiting with someone to avoid or terminate existing court-ordered alimony payments.  

Alimony (aka “spousal support”) is a court-ordered payment of money to be made by one party to their former spouse (for the payee’s maintenance) as part of a divorce decree or during a separation period.  Alimony is typically set to be paid for a specific period of time (usually several years). Payments stop at the end of the specified period.
Alimony payments may, however, terminate before the specified date if certain conditions or events take place. One such event is cohabitation with a new romantic partner by the party receiving alimony. The definition of “cohabitation” varies but generally refers to a person living and having a sexual relationship with another person outside of marriage.

Who are Cohabitation Investigations For?
In most cases, a cohabitation investigation is initiated by an ex-spouse paying alimony who suspects that their ex is currently cohabitating with another person. The investigation may be conducted at any time including before, during, or after divorce proceedings.

Starting a Cohabitation Investigation
Hiring a private investigator with WAPI is quick and simple.  Here’s how the cohabitation investigation works:

1. Request a Consultation: Submit your case online or by phone to schedule your consultation. We’ll ask for the details we need to get your case matched with an investigator and provide cost estimates.

2. Connect With Your Investigator: We will contact you to talk to you about the purpose and goals of the investigation, and to collect any relevant information about your case. Questions you’ll be asked may include:

• Why do you suspect that your ex-spouse is cohabitating?
• How long do you believe they have been living with someone else?
• Is there a date by which you require the investigation to be completed?
• Do you currently have a court date scheduled regarding your divorce proceedings or alimony payments?

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3. Investigation in Progress:  In the course of conducting the investigation, your investigator will gather information intended to prove or disprove cohabitation by the subject’s ex-spouse, which may include:

• Asset search and property inventory
• Evidence of commingled bank accounts
• Evidence of co-signed lease or rental agreement
• Evidence of co-ownership of property
• Communication activities of the ex-spouse and new partner
• Identity verification of the suspected new partner
• Statements from neighbors, coworkers, friends, and family of your former spouse
• Surveillance of ex-spouse and cohabitating partner to gather photographic evidence them spending the night together repeatedly and over a reasonable period of time

4. Case Updates & Final Report: Your investigator will keep you apprised of all developments in real-time using our secure online portal. Upon the conclusion of the investigation, a full written report will be provided along with any court-admissible evidence. In addition, investigators may be available to testify on your behalf in court, if necessary and agreed-upon before the start of the investigation.

What an Investigator Will Not Do
Investigators will not break the law or violate ethical standards in the course of the case, including  hacking, accessing protected information, or trespassing. Acting in an illegal or unprofessional manner can result in the inadmissibility of important evidence, and lead to the failure of an alimony modification case in court.

​Original Author:  Trustify

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