Ending Alimony Obligation When Wife Has New Partner

I am going through a divorce, and I am willing to pay alimony to my ex-wife to help her get on her feet, but I have a feeling that it won’t be long until she’s in another relationship.  When that happens, I want to make sure my alimony payments end.  How can I do this?

Answers (1)

You need to talk to your attorney about making sure your divorce decree includes a provision for “periodic alimony,” which means alimony that is paid based upon a contingency (such as death or remarriage) that terminates the obligation of payment.  Periodic alimony, or alimony instalment pay, is paid on a monthly, or installment basis, and is modifiable by the Court if the party seeking the modification can show a material change in circumstances. 

If your ex-wife begins cohabiting with a boyfriend on a permanent basis, the court may have the authority to terminate the payments also, but a platonic roommate will not affect alimony. The payments typically terminate only if the person receiving alimony has a sexual relationship with the person they are living with.  Mere allegations that an ex-spouse is living with a person on a permanent basis are not enough to terminate support payments. There must be actual evidence, such as testimony from someone other than you to support the allegations.

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