When is alimony terminates

Indefinite alimony still exists but is less common than it used to be. Many alimony awards are now given for a specific period of time. Regardless of whether the alimony is indefinite or for a fixed term, the obligation or right can terminate when any of the following events take place.

This section provides that post-separation support or alimony will always terminate if either the supporting spouse or dependent spouse dies. If the parties decide to give their marriage another try, it can terminate the obligation to pay alimony or post-separation support. If a resumption of marital relations occurs during separation, the clock stops on the mandatory one-year separation period as well. The spouses would need to live separate and apart for another full year before being granted a divorce.

If the party receiving alimony remarries, the alimony obligation terminates. This situation provides a certain termination of alimony payments, while cohabitation can be a more ambiguous case. A dependent spouse who cohabitates with another person will have their right to alimony payments terminated in North Carolina.

However, the court will consider several factors when making a determination of whether to terminate alimony. There may be certain conditions that would make the court more likely to allow the petition, such as if the person making payments:. The party attempting to terminate alimony must show that either a condition exists that can automatically terminate the alimony or that they are so badly financially damaged by alimony payments that the payments must be stopped to prevent further harm.

However, the court is unlikely to be swayed to terminate alimony if the paying spouse deliberately loses their job or resigns, or voluntarily takes a reduction in income. Additionally, proving unfairness in court can be extremely difficult.

A real financial hardship that would justify ending alimony payments would likely have to be so severe that the paying spouse cannot even continue with their normal activities. Cohabitation is one of the grounds to automatically terminate alimony, and is a popular tactic for those seeking to end making payments. Exactly how cohabitation will affect your alimony payments, however, depends on the laws of your state. The responsibility of proof lies with the person requesting the change in alimony.

If the paying spouse is trying to terminate alimony on the grounds of cohabitation, then they must prove that the circumstances to terminate alimony exist. The problem is, cohabitation can be difficult to prove. Generally speaking, circumstantial evidence can be used to show cohabitation.

If the two people live together, share expenses, and are generally recognized outside the home as a couple, this kind of evidence all points towards cohabitation. As a note, living with your ex-spouse will probably not result in the termination of alimony. However, you should speak to a local family law attorney to learn exactly how such an arrangement will affect your situation.

Once alimony is terminated, it cannot be renewed or resurrected. It is completely over for both parties. If the spouse receiving alimony wants to extend alimony beyond the designated termination date, they must request a modification of alimony before the termination date. Requesting that alimony continue after the designated termination date will not be effective.

If the spouse making alimony payments can prove one of the automatic conditions or financial difficulties, then alimony will be terminated and cannot be renewed later, even if their financial situation changes. Any circumstance in the area of family law can become complicated very quickly. Attempting to terminate alimony is difficult under the best of circumstances.

However, it can become your worst nightmare if your former spouse is uncooperative and does not want the alimony payments to end. States that are silent on a definition agree that cohabitation exists when two people live in the same home in a marriage-like relationship, sharing expenses, without being legally married. Although most states have clear rules terminating alimony when the supported spouse remarries, what happens if your ex-spouse is in a relationship but not married?

The court may still terminate alimony, but it depends on where you live and your case's specific circumstances. Most states will reduce or terminate alimony if cohabitation significantly decreases the recipient's need for support.

For example, suppose you pay monthly alimony to your ex-husband, and he's living with a new partner who is unemployed and broke. In that case, the court may not terminate your obligation to continue supporting your ex-spouse. Other states will terminate alimony, regardless of whether the cohabitation impacts the recipient's economic status.

For example, in one Illinois case, a husband asked the court to end support payments after discovering that his ex-wife was cohabitating with a new partner. The court evaluated several factors when determining whether the cohabitation resulted in a marriage-like relationship, including:. In this particular case, the ex-wife and her new partner spent every day together for over 2 years, spent holidays together, shared finances and meals regularly, and discussed marriage but decided against it for financial reasons.

The court ruled to terminate the supporting spouse's obligation for alimony, and a higher court agreed. In re Marriage of Herrin , Ill. In Michigan, the court will terminate support only if the judge believes cohabitation exists after reviewing the totality of the circumstances.

In one case, the court laid out various factors to determine cohabitation, including whether the couple lives together, the couple's relationship, and their financial situation.

Smith v. Smith , Mich App In those states that do not have laws or court decisions that specifically address the impact cohabitation might have on alimony, it's difficult to predict how a judge will rule. Regardless of state law, if you and your ex-spouse have made an agreement that support or alimony won't be affected by the person who receives it living together with someone new, your agreement will stand.

And bear in mind that the person requesting a change in alimony or support payments is the one who must prove that an ex-spouse's situation has changed significantly. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

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