General term alimony shall be suspended, reduced or terminated upon
the cohabitation of the recipient spouse when the payor shows that
the recipient spouse has maintained a common household, as defined in
this subsection, with another person for a continuous period of at
least 3 months
This
language seems to say that if the ex-spouse cohabits for three months
or longer that alimony is automatically terminated, reduced, or
suspended. However, that is an incorrect interpretation of this law.
The
payment or non-payment of alimony is controlled by court orders.
Unless and until a Judge orders termination or suspension of alimony
existing orders must be obeyed. This means that alimony must
continue to be paid until a judge issues an order that changes the
existing orders. Some separation agreements and divorce decrees have
language that automatically terminates alimony upon cohabitation.
Other agreements can't be modified by a Judge and alimony must
continue to be paid despite the cohabitation. The rest of the orders
of alimony must be presented to a judge in the form of a modification
action in which the relief sought is termination of alimony. This
allows the judge to hear facts to determine if cohabitation has
occurred. In some cases, a judge may reduce alimony instead of
terminating the payments.
This
is a complicated area of law. Wrongful termination of alimony can
result in a judgment of contempt against the payor. Before taking a
unilateral action that violates a court order a family law attorney
should be consulted. Such an attorney can review the existing orders
and evidence of cohabitation and advise on the parties rights and
obligations concerning future alimony.
No comments:
Post a Comment