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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?
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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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Posted by Jan Hill on 05 Feb 2010
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