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Spousal Support Enforcement

gigiboo's picture
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Has anybody had any experiences with an ex having a live in-and it being grounds for terminating spousal support? My BF refuses to try to enforce this part of the agreement, even though his exwife has her BF living with her, and has had for quite some time. All the kids tell us he lives there, every night. My BF tries to say that we'd have to have a PI follow her, etc, and is afraid of retribution. Meanwhile, this is costing US $1800 a month in money that according to a legal document, we shouldn't have to pay. (yes, we.. I'm an idiot)

Has anybody ever confronted this issue? I'm trying to find info that will prove my point.

still learning's picture

^^^Exactly. Why are you helping pay your BF's ex spousal support?! You must love parting with your money and thrive on drama to have chosen this situation. What are you getting out of it? Your BF cannot be that good in bed.

Did you ever think that if you stop HELPING him pay the spousal support that he may try to get it stopped himself?!

Nice triangle here, she's using him and he's using you.

Pilgrim Soul's picture

We dealt with this, not very successfully, but for whatever it's worth...
One way to look at it is to see if cohabitation defined in the CO.
Is the boyfriend maintaining residence elsewhere?
How is cohabitation defined in your state? Merging of finances?
My husband's ex was hanging on to a technicality based on
Her GF - they are gay- paying mortgage for her own house and spending one night
a week there. she was telling dh to wait until they were good and ready,
and like an idiot he listened.

His lawyer later told him that if he had reasons
to believe he should not be paying he should have stopped
and let BM take him to court to prove she
was not cohabiting.

Pilgrim Soul's picture

I would bet anything that a woman who feels entitled to 1800 a month under false pretenses is not particularly fond of compromises. I can just imagine my husband's ex entertaining this prospect....

Glassslipper's picture

Agree with DTZY, in my state it's married not just bf living there...
DH had a clause that no one was to move in till the divorce was final, he moved out Friday and BM had bf moved in by Friday after work. We had proof because BM gave SS his hunting license and attached to it was bf's with the house address listed as his.
Courts did nothing about it, they can tell her it's contempt and to move out but she really didn't have to and DH would have to spend more money in legal costs to enforce it.
He did nothing...

JLRB's picture

My husband's divorce from his first wife became final in 2012, just before the alimony laws were reformed in Massachusetts. It was a long term marriage resulting in three adults kids. His ex has been cohabitating with her boyfriend for one year. She is unable to work due to a disability, but receives social security disability payments. My husband currently pays her $400 a week, plus 25% of his annual bonus, for a total of $25,000 a year. He also has to keep her on his health and dental insurance and pays for a life insurance policy for $100,000 with her as the beneficiary. Even though he makes more than double my salary, I end up paying more than 1/2 of our monthly bills because of his alimony payments.

His divorce agreement states that alimony would end when either one of them dies, she gets remarried, or the agreement is modified by the courts. The current law states that alimony ends when the payor reaches full retirement age, which is less than 2 years for my husband. We have talked about seeking a modification to lower the payments due to her cohabitation, and to make sure that the payments stop when he reaches the age of 66. Massachusetts also will consider modification if the ex-spouse is living with someone and receiving financial support from them. I am 12 years younger than him and am afraid that I will be working to support her after my husband retires.

He has been dragging his feet to start the modification process because he feels that the judge won't overturn another judge's decision. Has anyone else had experience with this?