Ex-wife is claiming she will soon be entering a domestic partnership rather than getting married so that she can keep collecting spousal maintenance. The divorce decree states that "remarriage of wife" shall be cause to end spousal maintenance. Would a domestic partnership satisfy that as well?
This is not a partnership matter. You should review the divorce decree and consult with an experienced Family Law Attorney in MN.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.
This is a very interesting question to ask right now because the law on spousal maintenance modifications in Minnesota is evolving to address this very thing. Unsurprisingly, many maintenance recipients have taken advantage of the language of their divorce decrees and the law to the detriment of the payor. Has she cohabitated with this person for a long period of time? That is also a factor that is starting to be given more weight by the Courts when considering a modification or termination of maintenance. If your wife does enter into this domestic partnership, I would highly recommend meeting with a family law attorney in the area to discuss your options. Best of luck to you.
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Ms. Nyberg is 100% correct. A new law allowing for modification of maintenance based on a partnership was just passed, but it won't take effect until August 1, 2016. There are also some limitations in the law that dictate when you can bring a motion based on such cohabitation. I would suggest that you consult with a family law attorney now so that you can review the new statute with him/her in order to file a motion, if appropriate, when the new law takes effect. I will caution you though that this is a brand new law. It is expected that there will be a lot of litigation over this issue in the upcoming years, but you should start working on your game plan now. It might take you a while to gather the necessary evidence.
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