If my ex-wife has a live-in boyfried, can I have the spousal maintenance terminated?

Asked almost 4 years ago - Phoenix, AZ

I believe my ex-wife has a live-in boyfriend and want to know if I can have the judgement for spousal maintenance terminated? Do I have to prove they are sleeping together or that they have a romantic relationship before I can ask for a termination of my obligation to pay her spousal maintenance?

Attorney answers (4)

  1. Monica H Donaldson Stewart

    Pro

    Contributor Level 15

    1

    Best Answer
    chosen by asker

    Answered . The cohabitation in and of itself does not automatically terminate the spousal maintenance obligation; however, if their cohabitation results in a reduction in her monthly expenses (e.g. if he is contributing toward the household expenses and thereby reducing her expenses), then you may be able to ask the judge to reduce the obligation based on a substantial and continuing change in circumstances. I recommend you speak with an attorney who can discuss your options and help you decide your best course of action.

    ** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **

  2. Ryan Hardy

    Contributor Level 15

    Answered . You must show that there is a substantial and continuing change in circumstances that would justify a modification. For example, if the live-in boyfriend has contributed to her expenses and it appears that such contribution may continue for quite some time, then its possible this could be construed as a substantial and continuing circumstance.

  3. Ronee F Korbin Steiner

    Contributor Level 14

    Answered . It's simple. If your decree includes a cohabitation agreement then it governs. If it does not then termination can only happen for the reasons set forth in your agreement or by law, for death of either party or remarriage of wife.

  4. Jesus L Zuniga

    Pro

    Contributor Level 14

    Answered . You would have to prove there is a romantic relationship. You would also have to prove she has a reduced need. Hence, support can still be possibly only reduced and not terminated.

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