Is alimony still required when ex spouse is cohabitating with someone else as man and wife?

Full question:

My man-friend has been divorced for 7 years, and pays his EX $400 a month. Her and her partner wear wedding rings, have been introducing each other as husband and wife for about 5 years. She has changed her last name to his. His family didn't approve of them living together because he had 2 pre-teen kids, but they believe they are married. With the passing of new cohabitation/fraud law in Feb 2007 - should my man frieind still be required to pay ex the $400 a month alimony or is this a case of fraud? Would this be worth my man friend going back to court to address the 'fraud'?

• Category: Divorce
• Subcategory: Alimony
• Date: 04/07/2025
• State: Idaho

Answer:

In 2007, the legislature in ND decided to repeal the statute that made cohabitation a sex crime, There was a proposal to amend it to include language dealing with financial fraud, rather than repeal it, but it was never enacted into law.

A party may petition the court to modify a spousal support order. The court may decree an increase or decrease only upon a showing of a substantial and material change of circumstances. Alimony may terminate upon the death of either spouse, the marriage of the spouse receiving alimony or, if the court finds that alimony should terminate in order to avoid a harsh and inequitable result.

If a spouse is cohabiting with another who is providing financial support, that may be a factor in awarding or reducing alimony previously awarded. A motion to modify an award of alimony made be made if there has been a significant change in circumstances since the alimony order was made. Cohabitation with another person who is providing financial support may be a change in circumstances that would justify a modification. It will be a matter of subjective determination for the court, taking all the facts and circumstances into account.