Can The Court Make You Continue To Pay Alimony After Your Ex-Spouse Enters A Supportive Relationship With A New Partner

Permanent alimony is not always as glamorous as it sounds.  The courts only award permanent alimony if the parties were married for 17 years or more and if the earning potential of the financially disadvantaged spouse is low enough that they will require financial support from the wealthier spouse even if they work as much as they are able.  Most permanent alimony awards involve couples where one spouse was out of the workforce for most of the duration of the marriage.  While some of these couples lived on a single income simply because they were so wealthy that they could afford to, an equal number of cases involve a spouse who left the workforce because of ill health.  No matter the reason for the original alimony award, you have the right to petition the court to reduce or terminate your alimony obligations if your ex-spouse enters a financially supportive relationship with a new partner.  A Palm Beach County alimony lawyer can help you do this.

Ex-Wife Moves in With Partner to Make Her Alimony Check Stretch Farther

Robin and Jerome did not live a glamorous life even when things were going well in their marriage.  Jerome was a regional manager for a library system.  When the parties’ children were young, Robin stayed home as a full-time caregiver, and when they were school-aged, she worked part-time in customer service.  In recent memory, she was never healthy enough for full-time work; she survived cancer three times and suffered an ankle injury that required surgery.  She also had back pain because of herniated discs related to a bike accident.

The parties divorced when their youngest son was in high school, and the court awarded Robin the marital residence and ordered Jerome to pay permanent alimony.  Several years later, Robin moved into her boyfriend’s house and did not pay rent, and Jerome moved back into the former marital home.  Robin did, however, contribute to some of the household bills at her new partner’s house.  Jerome asked the court to reduce his alimony obligations, since Robin was no longer responsible for mortgage or rent payments.  Although the appeal does not mention child support, it is likely that such a change in Robin’s financial situation would warrant a modification of child support.

The other issue that Jerome asked the court to decide was which address should count as the parties’ son’s residence for purposes of school designation.  He spent school nights with his mother, and after moving with her to her new partner’s house, he had continued to attend the same school he had attended before the move.

Let Us Help You Today

A Boca Raton alimony lawyer can help you modify your alimony award if your financial situation has changed and the current order leaves one spouse unable to afford basic necessities.  Contact Schwartz | White for help with your case.

Resource:

scholar.google.com/scholar_case?case=6323660302089659316&q=divorce+park&hl=en&as_sdt=4,10&as_ylo=2011&as_yhi=2021