QUESTION
Do I still have to pay my ex-wife maintenance as it stated that I would have to until she remarries but she’s living with someone else?
Asked on Feb 23rd, 2015 on Divorce - California
5 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Yes, as she hasn't remarried or died. But, you might want to pursue a motion to reduce/terminate support.
Answered on Feb 25th, 2015 at 8:45 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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When your ex-spouse is living with someone the support does not automatically terminate. You would have to go to Court to seek an order to modify or terminate the order by proving that her need for support is reduced because she is living with another.
Answered on Feb 24th, 2015 at 2:07 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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In California, there is a rebuttable presumption that if an ex spouse receiving support is living in a romantic relationship with someone else, that there is a reduced need for support. You should consult an experienced family law attorney in your area.
Answered on Feb 24th, 2015 at 1:54 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Cohabitation with another person allows the paying spouse/ex-spouse to ask the court to reduce or terminate spousal support as long as you can prove the cohabitant is economically supporting the spouse/ex-spouse.
Answered on Feb 24th, 2015 at 1:53 PM
If she is living with someone else there is a presumption that she has a reduced need for spousal support. You need to file a motion with the court to get support reduced or eliminated. Hire a lawyer for this. Good luck.
Answered on Feb 24th, 2015 at 10:07 AM