I am legally separated and paying spousal support to my ex wife. In my agreement, it specifies that if a male or female cohabitate in the residence of my ex wife that the support will terminate. My son is telling me that a guy she is in a relationship with is spending the night in the residence. What defines this situation and constitutes termination of spousal support?
I think you have to prove regular and consistent overnights. If you really think this is happening it might be worth your while to get a PI.
It is based on a case by case basis, and the two must be holding themselves out as living together as a married couple. A few overnights here and there will not be enough to constitute cohabitation. You should look for things to help you prove the paramour is living in the home, for instance is he receiving mail there, have they opened a joint bank account, ect.