Am I still entitled to alimony even though I cohabitated with someone who is now deceased?

Full question:

I am divorced and have received alimony and child support. I was in a 4 year relationship with a friend, who became ill and moved in with me, although he did not give up his prior living arrangement. He contributed half for rent, groceries and utilities, etc. so as not to impose on me, since I was receiving alimony and child support. Within about 9 months he died from cancer. My ex-husband claimed that I received collateral support and was no longer entitled to alimony, although he continued to pay it for several years. At the time, he got depositions from our children stating that I requested they not tell their father about the living arrangement. They are grown now and do not wish to be involved in the middle of this. My ex-husband discontinued the alimony a year ago. My health is poor and I continue to need the alimony. He remarried immediately after the divorce and he claims he has paid alimony long enough and that I broke our contract first. He is a lawyer. Is my ex-husband correct or is he in contempt of court for refusing to pay the alimony?

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

Answer:

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court.

It is possible to have a support order modified for a significant change in circumstances. In some instances, the court will consider the contributions to living expenses made by a person cohabiting with obligee as a significant change of circumstances to warrant a modification of a support order. However, a party may not modify or void a court order of support on his own. A change or cessation of payments under a support order must be ordered by the court.