I discovered that my ex-wife was having a afair after our divorce do I still pay alimony

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Wilmington, DE -

Attorney Answers (2)

Howard M Lewis

Howard M Lewis

Family Law Attorney - Framingham, MA

Unless the couple has agreed, in writing, that neither will try to modify the alimony award, either spouse can ask a court to modify payments due to a material change in circumstances. Absent a written agreement stating otherwise, alimony terminates on the death of either spouse, or on the remarriage or "cohabitation" of the recipient. A court will consider a recipient to be cohabiting for purposes of alimony termination if the recipient is living with a new partner and they are holding themselves out as a couple. The alimony recipient does not have to be receiving any financial benefit from the cohabitation. Hope this helps, good luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
John Naumovski

John Naumovski

DUI / DWI Attorney - Hampton, VA

I would agree with the above attorney's advice

the information provided above is for information purposes only and you should consult an attorney for specific... more

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