Harris v. Harris
A court can find that a wife who resides with an unrelated male is not cohabitating. The defendant husband sought court permission to cease paying alimony and alleged that the plaintiff wife has been cohabitating with an unrelated male, Christopher Sachs. The court found that after the parties divorced in October 2008, the husband paid the wife $235,000 in alimony and support in 2009 and another $209,000 in alimony and support in 2010. The husband continued to pay the wife $3,000 per month after he lost his job in March 2011. In May, the wife's rent was increased. The wife met and dated Christopher Sachs and agreed to reside in the Sachs' residence with her 14-year-old child in order to nurse Sachs' father. The wife was responsible to clean the father, change his diaper and clean his catheter. The court found that the wife and Christopher Sachs had separate bedrooms and that they did not commingle funds. The court was not persuaded that the defendant wife cohabitated with Christopher Sachs, as alleged. The court denied the husband's motion to modify alimony on the basis of cohabitation with an unrelated male. The court also denied the wife's motion to find the husband in contempt, for failure to pay alimony. The husband currently is earning $175,000 gross per year, and the court ordered a hearing to decide the alimony arrearage.