QUESTION
How do I dispute my alimony payments when my ex-wife is cohabitating with someone in the state of VA?
Asked on Jul 13th, 2012 on Divorce - Virginia
More details to this question:
I was divorced in November of 2009 from my wife of 16 years in the state of VA. As part of the divorce decree she recieved a portion of my military retirement along with alimony for a period of 10 years. The alimony amount was set at $1500 a month and is offset by the amount of retirement recieved. She has been "cohabitating" with another man for the past two years. I do not see any chance of her actually marrying this man as long as I have to pay alimony. Can I cease paying the alimony based on the fact that she is cohabitating?
The divorce was completed in VA and she still resides there. However I currently have remarried and live in Alabama.
1 ANSWER
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First, you need to pay alimony as set by the court order, until that order is amended by a court. Second, depending on the language in the order, and any separation agreement you signed at the time, you may be able to ask a court to terminate her alimony if she has been living with a member of the opposite sex in a situation similar to marriage for a period in excess of one year. You will want a Virginia Lawyer to review the divorce decree and stipulation agreement, plus whatever evidence you have of cohabitation, to determine how best to proceed. You would not necessarily need to come to Virginia now, but may have to come for the trial, if it doesn't settle before the trial date.
Answered on Jul 13th, 2012 at 5:35 PM