QUESTION
If they are living as man and wife can the maintenance be stop under the circumstance?
Asked on Jan 31st, 2013 on Divorce - California
More details to this question:
I was order to pay maintenance for two years. New circumstance had come up that seen that she had a cohabitant on the side that moved into the home before the divorce was finish. I had affidavits sign by neighbors of his arrival affidavit sign by my son of their involvement in the home as one she's working he working and paying bills.
8 ANSWERS
This depends on the way your current order is written. If the award of spousal maintenance is "non-modifiable," then it cannot be terminated unless she is legally remarried or if one of you dies. If spousal maintenance is not "non-modifiable," then it may be possible to ask the court to modify or terminate the award; however, her cohabitation does not automatically affect your obligation. You would still have the burden to prove that there has been a substantial and continuing change in circumstances (e.g. that another person is helping contribute to household expenses, therefore reducing her "need" for support).
Answered on Feb 06th, 2013 at 3:55 AM
Collaborative Divorce Attorney serving Spokane, WA
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Burke Law Group, PLLC
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In the State of Washington, the termination of spousal support can be terminated either by meeting certain statutory parameters or by specific language that is included in the decree of dissolution. The statutory provision for termination of support when the receiving spouse marries a third party applies only upon a legal marriage, not cohabitation with a third party. Given the relatively common practice for cohabitation in our society, when the terms for a dissolution is agreed upon in a settlement reached outside of a trial, this type of situation is often discussed as part of settlement negotiations and can result in the attorneys putting some type of language into the decree that addresses spousal support in the event of the cohabitation. But lacking specific language in the decree, spousal support is not terminated when the receiving spouse cohabitates with another person. Please be advised that this answer is general in scope and does not establish any attorney/client relationship of privilege.
Answered on Feb 04th, 2013 at 4:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The answer is going to be in your divorce judgment.
Answered on Feb 04th, 2013 at 4:48 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado cohabitation is not the same as marriage, so it has no effect to stop maintenance.
Answered on Feb 04th, 2013 at 4:48 PM
Dennis P. Mikko
Whether you would have to continue to pay would depend onthe language of the divorce judgment. Another issue to consider, did she obtain the spousal support award based on fraud and/or false pretenses? If yes, you may be able to re-open the divorce and argue that you should not have to pay her at all. If the Judgment allows for you to stop paying upon cohabitation, there may be enough evidence to allow you to stop. You should consult with an attorney in your area regarding this matter.
Answered on Feb 04th, 2013 at 12:33 PM
You can go into court and seek a modification of the support or a termination. However, if they are co-habitating and not married then you may still be left on the hook for support. You can make a good argument that there is no longer a need for support.
Answered on Feb 04th, 2013 at 12:33 PM
John Arthur Smitten
If your order says you pay for a period of years then you cannot modify it unless the former spouse is deceased or remarried.
Answered on Feb 04th, 2013 at 12:33 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Maybe. Talk to an attorney to discuss whether it can be stopped or just reduced.
Answered on Feb 04th, 2013 at 12:32 PM