Cohabitation Cost Reduction in Alimony Subsistence Calculation

The court addressed whether the cost-reducing cohabitation of the alimony-obligated party with a partner should be factored into the calculation of their necessary subsistence minimum under Article 175 of the Civil Code. The court reasoned that a long-term cohabitation (konkubinat) leading to cost savings comparable to a marital household should be considered, distinguishing it from a cohabitation that entirely negates alimony claims, and held that the evidence, including future planning related to shared housing, supported the conclusion that the cohabitation was intended to be permanent, thus justifying the reduction in the necessary subsistence amount based on established precedents for such shared living arrangements.