Do I Have to Keep Paying Spousal Maintenance if My Ex Is Living with Someone?

My Ex is Living with a Significant Other – Do I Still Have to Pay Spousal Maintenance?

If, in your divorce decree, you were ordered to pay spousal maintenance, you may be wondering when you can terminate payments.  This will depend on whether or not the spousal maintenance to which you agreed is temporary or indefinite, as well as the stipulations for receipt of spousal maintenance that both parties agreed upon during divorce.  It is important to note that spousal maintenance payments are strictly enforced by the court, so it is advisable to pay consistently and on-time.  If you do not pay, the court could put a lien on your property. The way this is most-often achieved is with automatic paycheck deduction.

Does Co-Habitation with a Partner Terminate Spousal Maintenance

If your ex moves in with a significant other or partner to whom they are not married it is usually not enough to terminate spousal maintenance.  If you discover that your ex-spouse is living with a significant other, you can petition to modify or terminate spousal maintenance.  To modify spousal maintenance, you must be able to demonstrate that your ex-spouse’s financial needs have changed as a result of the co-habitation.  In Arizona, courts will not typically terminate spousal maintenance if your ex is living with someone, but they are not married.

Does Remarriage Terminate Spousal Maintenance?

If your ex-spouse has remarried, it is common for spousal maintenance to be terminated.  It is immensely helpful, and can significantly expedite the process, if provisions for various circumstances are clearly outlined in the spousal maintenance agreement.

Can I Modify Spousal Maintenance in Mediation?

You can modify your spousal maintenance in either the court system with attorneys or in mediation. If you are interested in pursuing spousal maintenance modification or termination, one of the best ways to do so is in mediation.  It is often more amicable and productive, and much less expensive, to have a conversation with your ex and a mediator about spousal maintenance, rather than pursue legal action in the court system.

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