According to law, there’s no way around it: spousal maintenance or alimony ends upon death or remarriage. But what happens if you find out your ex is currently shacking up with someone else? Do you still need to continue paying alimony even if they’re already living with someone else?
Cohabitation and Alimony Effects
These days, a majority of divorcees chooses to cohabitant or stays single instead of remarrying. Research shows that the rate of remarriage has dropped, and there are many different factors that contribute to this decline. One factor is that divorcees these days have the financial means to take care of themselves, as most of them have some sort of job or source of income. Another is due to alimony payments.
The Stipulations of Alimony
Its common practice for divorcing couples to include specific stipulations about the award of alimony payments, says one of the most sought-after divorce attorneys in Albuquerque and other parts of New Mexico. These stipulations include how much, how long should it be paid, and the reasons for termination. In general, payments are terminated after some years if the couple was only married for a short time. For couples that have married for a longer time, payments are often terminated if the paying or payee spouse dies or if the payee spouse remarries. What if the payee spouse cohabitants or lives in with somebody else, though?
States have differing stances on cohabitation, as it relates to alimony payments. Some believe that cohabitation without remarrying is valid grounds for termination or modification of alimony. If the payee spouse is cohabiting with another individual, they’re receiving both alimony and financial aid from the person they’re living with. In addition, the payee spouse’s new partner might take advantage of the alimony payments.
What to Do
Sadly, this kind of situation is becoming increasingly common, and is particularly true when payee spouses receive a significant amount of alimony payment. If you’re planning to get a divorce and would most likely be paying alimony to your ex, you should include a stipulation in your divorce agreement that terminates alimony payments if the payee spouse cohabitants. This is the best way to make certain that you won’t continue paying alimony for your ex who doesn’t want to remarry legally.