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

Asked in Wilmington, DE - 4 months

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Attorney Answers (2)

Howard M Lewis

Howard M Lewis

Framingham Divorce / Separation Lawyer

Answered 4 months ago. 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.
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John Naumovski

John Naumovski

Chesapeake DUI / DWI Attorney

Answered 4 months ago. I would agree with the above attorney's advice
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