If My Ex is Living With Someone, How Long Do I Have To Pay Her Alimony?
Q. I signed a divorce agreement which states "alimony is paid until she remarries". We have been divorced for just over a year.
Since the divorce she had a child with another guy. The guy is currently living with her and their child. I believe she does not want to marry him because she will lose the remaining 3 years of alimony. Is there any legal recourse for me under the divorce laws [because] they're living together with a child birthed by them; would [that] be the same as being married?
A. As I understand it, your ex is living with a guy and the child they had together. You're paying alimony right now, which is supposed to continue for either four years, or until she remarries. You want to stop paying alimony because she's living with this guy.
The simple answer is: you can't.
Don't get me wrong. Your position makes a certain amount of sense. However, it's doubtful that you'll be able to avoid your alimony obligation on this ground alone. You agreed to pay for four years, or until she remarried. We're within four years, and she hasn't remarried. Under the divorce decree, your obligation continues. (Now, if you'd also included some language in the divorce decree about reducing your alimony obligation if she moves in with someone and shares living expenses, you might have an argument.)
That doesn't mean that you can't tell the court about this situation. Ordinarily, in most states, you have the opportunity to file a motion to ask the court to review your divorce decree based on "changed circumstances." You don't say what state you live in, and you don't tell me all of the circumstances of your situation (and you don't need to -- I'm just qualifying my answer here), but in most instances, if the monetary situation between you and your ex changes, you can ask the court to modify the terms of the divorce decree. For instance, if you lost your job, you could ask the court to review and revise your alimony obligation based on your reduced income. Now, that doesn't mean the court will agree with you, but you are allowed to ask.
Under the facts that you've presented me, you certainly have the basis for a motion. As the wise man said, you'll never know the answer if you don't ask the question.
Best of luck.
Since the divorce she had a child with another guy. The guy is currently living with her and their child. I believe she does not want to marry him because she will lose the remaining 3 years of alimony. Is there any legal recourse for me under the divorce laws [because] they're living together with a child birthed by them; would [that] be the same as being married?
A. As I understand it, your ex is living with a guy and the child they had together. You're paying alimony right now, which is supposed to continue for either four years, or until she remarries. You want to stop paying alimony because she's living with this guy.
The simple answer is: you can't.
Don't get me wrong. Your position makes a certain amount of sense. However, it's doubtful that you'll be able to avoid your alimony obligation on this ground alone. You agreed to pay for four years, or until she remarried. We're within four years, and she hasn't remarried. Under the divorce decree, your obligation continues. (Now, if you'd also included some language in the divorce decree about reducing your alimony obligation if she moves in with someone and shares living expenses, you might have an argument.)
That doesn't mean that you can't tell the court about this situation. Ordinarily, in most states, you have the opportunity to file a motion to ask the court to review your divorce decree based on "changed circumstances." You don't say what state you live in, and you don't tell me all of the circumstances of your situation (and you don't need to -- I'm just qualifying my answer here), but in most instances, if the monetary situation between you and your ex changes, you can ask the court to modify the terms of the divorce decree. For instance, if you lost your job, you could ask the court to review and revise your alimony obligation based on your reduced income. Now, that doesn't mean the court will agree with you, but you are allowed to ask.
Under the facts that you've presented me, you certainly have the basis for a motion. As the wise man said, you'll never know the answer if you don't ask the question.
Best of luck.
posted by David Kendall at
11:56 PM
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