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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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