Alimony, or spousal maintenance, is not something anyone likes to discuss. These payments are often required for the short—or long-term after the end of a marriage. If you pay alimony to your former spouse, you may wonder what happens if the person you are paying ends up living with someone else. We want to discuss this issue at the Law Offices of Ronald K. Stitch. Our Simi Valley divorce attorneys understand all aspects of family law and are ready to help you overcome these issues.
What can happen in this case
You may have been ordered to pay spousal maintenance (alimony) after a divorce proceeding. The court can order various types of alimony payments, including long-term alimony. This is often seen as permanent, but that is not necessarily true.
The obligation to pay spousal maintenance ends when the spouse receiving the payments remarries, regardless of the new spouse’s financial situation. However, if their new marriage is annulled, these payments could be reinstated, but those decisions are up to the family court system in California.
If a spouse made a limp sum or property transfer payment at the time of the divorce to cover alimony instead of payments, then a spouse’s remarriage will not affect the payment. In these cases, there is no payment to stop, and the paying spouse will not receive any money back.
If your former spouse is cohabitating with another person
Sometimes, a former spouse receiving alimony payments moves in with someone else but does not get married. If the receiving spouse is cohabitating with a person of the opposite sex, or with someone they are in a relationship with, their alimony could be reduced or even terminated.
In these cases, the paying spouse must file a motion with the court to have the payments modified or stopped. The court will not consider the income of the person the receiving spouse lives with. It will only consider the receiving spouse’s current financial circumstances (which may be improved by their new living situation).
Spousal maintenance will not necessarily stop, mainly if the receiving spouse is in a typical “roommate” situation with someone else. Proving a romantic relationship between the receiving spouse and the person they are now living with could be difficult, but modifying or ceasing payments is necessary.
What you can do now to help your case
If you have been through a divorce, you should not worry about returning to court. Unfortunately, there may be a time when you discover your former spouse is taking advantage of you. At the Law Offices of Ronald K. Stitch, we are here to help. If you find out your ex may be living with someone else and you are making alimony payments, we want to investigate. When you need a Simi Valley divorce attorney, you can contact us for a free consultation by clicking here or by calling 818-707-0206.
