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Can I terminate alimony if my ex-wife is cohabitating?

Can I terminate alimony if my ex-wife is cohabitating?

Full question:

I am a resident of Alabama. I got divorced 3 years ago. From then onwards I am providing periodic payments of alimony to my ex-wife. Now she is cohabitating with another person for the last 6 months. Can I move to terminate the alimony? Is there any provision to reimburse the alimony already paid?

Category: Divorce
Subcategory: Alimony
Date: 04/07/2025
State: Alabama

Answer:

A court can terminate alimony if the recipient spouse remarries or cohabits with someone of the opposite sex. This is outlined in Code of Ala. § 30-2-55. You can petition the court to end your alimony payments based on your ex-wife's cohabitation.

However, it's important to note that any alimony payments already made do not need to be reimbursed. So, while you can seek to terminate future alimony payments, you won't be able to recover any payments you've already made.

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.

FAQs

Do I lose alimony if I live with someone?

Yes, in Alabama, living with someone can affect your alimony. If the recipient spouse is cohabitating with a partner, the paying spouse can petition the court to terminate alimony payments. This is based on the premise that cohabitation may imply financial support from the new partner, reducing the need for alimony. However, this does not apply if the cohabitation is merely a roommate situation without a romantic relationship. Always consult with a legal professional for specific advice regarding your situation.

How long can you be separated before you are legally divorced in Alabama?

In Alabama, there is no specific separation period required before filing for divorce. You can file for divorce at any time after you and your spouse have separated. However, if you are seeking a no-fault divorce, you must have lived apart for at least one year. This period allows for reconciliation efforts, but you can still initiate divorce proceedings sooner if necessary.

Does living with someone affect alimony?

Yes, living with someone can impact alimony in Alabama. If your ex-spouse is cohabitating with a partner, it may provide grounds for you to terminate alimony payments. The court may view cohabitation as a change in circumstances, potentially reducing the need for alimony. However, the specifics of each case can vary, so it's advisable to seek legal counsel for tailored advice.

What states do not enforce alimony?

Some states have significantly limited or eliminated alimony altogether, including Texas and Alaska. Others may have specific conditions under which alimony is not awarded, such as in cases of short marriages or when both parties have equal income. However, laws can vary widely, so it's essential to consult the specific statutes of each state or a legal expert for accurate information.

How do I prove my ex is cohabitating?

To prove that your ex-spouse is cohabitating, you may need to gather evidence such as photographs, witness statements, or financial records showing shared expenses. Documentation of shared living arrangements, like a lease or utility bills in both names, can also support your claim. If you believe cohabitation affects your alimony, consider consulting with a legal professional for guidance on the best approach to collect and present your evidence.

What is periodic alimony in Alabama?

Periodic alimony in Alabama refers to regular payments made from one spouse to another after divorce. This type of alimony is typically awarded to help the recipient maintain a similar standard of living post-divorce. The amount and duration depend on various factors, including the length of the marriage, the recipient's financial needs, and the paying spouse's ability to pay. Courts may modify or terminate alimony based on changes in circumstances, such as cohabitation.