OK, so you’ve moved on and found a new love. Is that a problem as far as your divorce 
situation? It’s not likely to affect your child care arrangement as long as there are no behavior problems with your new spouse. However, it could definitely affect your spousal support.
If you cohabitate after a divorce, expect that spousal support is subject to likely termination.
What if the other person is your same sex?
I imagine a majority of courts around the country, except perhaps for the Deep South, are adjusting appropriately to be in compliance with the U.S. Supreme Court’s historical decision finding state laws that prevented same-sex marriages are unconstitutional. Which also meant that divorce statutes and divorce case law had to catch up with same-sex marriage. One such aspect of divorce law that needed to catchup with the times was addressed by the Supreme Court of Virginia.
In many state, cohabitation with another person post-divorce can trigger a termination of a spousal support order.
The Ohio Supreme Court laid out two primary factors for determination of cohabitation in State v. Williams. Specifically, (1) the sharing of familial or financial responsibilities; and (2) consortium. To prove sharing of familial or financial responsibilities, the moving party would need to show evidence of provisions the parties make for food, shelter, clothing, and utilities. To prove consortium, the moving party would need to show evidence of fidelity, affection, society, cooperation, solace, comfort, aid of each other, friendship, consideration of mutual respect, and conjugal relations. In short, the court must consider whether the couple assumed obligations equivalent to those arising from a ceremonial marriage.
If you have any questions about this subject, you should consult with an attorney. Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.
For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.