Full question:
I am a divorcee and have been getting a fixed amount as alimony on a monthly basis from my ex-husband. I have a boyfriend but we have no plans of getting married in the near future. Sometimes my boyfriend comes to stay with me at my apartment, but that is only for a few days or a week. We have never been in a continuous live-in relationship. Last week my ex-husband came home n found my boyfriend at my apartment. He is now saying that he would go to the court and get the monthly alimony payments terminated as my boyfriend is living with me. Is an on and off live in relationship, a ground for terminating the alimony amount? I am resident of South Carolina.
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: South Carolina
Answer:
In South Carolina, according to S.C. Code Ann. § 20-3-150, alimony may be terminated if the supported spouse cohabitates with another person or remarries. Specifically, if the supported spouse lives with someone in a romantic relationship for ninety or more consecutive days, alimony payments can cease. However, the court can also find that cohabitation exists even if the relationship is on and off, as long as there’s evidence that the supported spouse is living with the partner in a romantic context for shorter periods while trying to avoid the ninety-day rule.
Therefore, in your case, since you mentioned that your boyfriend stays with you for only a few days or a week and you haven’t had a continuous live-in relationship, it may not qualify as 'continued cohabitation' under the law. However, if your ex-husband can provide evidence that you are circumventing the law, he might have grounds to pursue a modification of alimony.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.