Spousal support and cohabitation: get answers!


Questioner

The following is the case, I have heard that my ex has been living together for more than a year and I still have to pay spousal support. Now I have tried to find out via a registered letter but no response, the letter was accepted at the address where they live together. Now my question is what are the costs if I would possibly set up a lawyer here?

Lawyer

The first question that will have to be answered is what means you have to prove or at least make it plausible that your ex is living together. If you can prove little or nothing on this point, your procedural position is so weak that my advice is to first gather further evidence of cohabitation. Incidentally, the case law seems to be tilting in your favour recently with regard to your burden of proof, so that if you can demonstrate sufficient facts that point to cohabitation, this could possibly lead to a reversal of the burden of proof: either your ex will then have to prove that there is no cohabitation.

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