Proving cohabitation through cellphones

On behalf of Lake Toback Attorneys

Illinois spouses who pay alimony may do so until the other person remarries. However, if an ex-spouse begins cohabiting with another person, the terms of the property division and spousal support agreement may cut off support at that point. If an ex-spouse denies the relationship, it may be possible to use information from cellphones to help prove the cohabitation.

Cell tower location data reveals the approximate location of a person’s phone. Because most individuals carry a cellphone and keep it on for most of the day, being able to pinpoint the location can help in some domestic cases. Cellphone tower location data has provided police with evidence for many years, and it is now being utilized in some family law cases. The data from the cell tower location may be used in cases in which one party is attempting to show that the ex is living somewhere else than he or she claims or if the ex’s partner is living with the ex. This type of information may also be used to refute a spouse’s prior testimony about his or her whereabouts or to corroborate other evidence to show cohabitation.

When a person is receiving spousal support, there may be little motivation for that person to remarry if support will end upon remarriage. Instead, some individuals may continue to take spousal support while cohabiting with another individual. While proving cohabitation can help support a motion to terminate spousal support, it is not completely determinant. Instead, a person must usually show that the couple has economic and social interdependence. This interconnection may be proven by showing joint bank accounts, sharing bills, household chores or watching each other’s children.

A person who wants to challenge an existing support order may decide to consult an attorney. Through this method, the individual may be able to receive advice about the evidence necessary to show cohabitation.

Source: The Huffington Post , “Using a Cell Phone to Show That Your Former Spouse Is Cohabiting“, Diane Danois , January 24, 2014

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Proving cohabitation through cellphones