What may happen if the receiving spouse of spousal support cohabits with someone who is not a family member?

The correct answer is that support payments may be modified based on new needs. In New York, spousal support (also known as maintenance) is meant to be a form of financial assistance provided by one spouse to the other following a divorce or separation. When the receiving spouse begins to cohabit with a new partner, this change in living circumstances can potentially impact their financial needs.

Cohabitation typically suggests that the receiving spouse's financial situation might improve due to shared living expenses and contributions from the new partner. As a result, the court may reassess the necessity and amount of spousal support provided. This does not mean that support payments are automatically terminated; rather, they may be subject to modification reflecting the current circumstances of both parties.

If the receiving spouse's needs have changed significantly due to cohabitation—such as a decrease in the necessity for full support—the court may adjust the support obligations accordingly. The overall goal is to ensure that spousal support is fair and reflects the financial realities of both parties post-divorce.

Options that suggest an automatic increase in support payments or that support remains unchanged do not take into account the implications of cohabitation on the receiving spouse's financial needs. Terminating support outright can be a possibility under certain circumstances