Q: In NYS, do I have to continue paying my ex-wife maintenance payments if she moves in with another guy?
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- New York
- (718) 745-3600
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A: Yes, if the order of spousal support does not terminate such support upon the ex-wife's moving in with a paramour. The order of spousal support controls all the activities of the ex-wife. If there is no such provisions, then the asker should retain counsel to move the court to terminate the order of spousal support.
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- New York
- (716) 824-5353
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A: Yes!, unless your separation -Property settlement agreement contains a paragraph terminating alimony/maintenance upon continuous cohabitation with an unrelated male. There is another but more costly route a motion in Supreme court to cancel alimony/maintenance based on holding out as the spouse of another. This is fact driven based on the conduct of your ex and her currant significant other. There is case law dictating the conditions of such an action on your part. My best advice is to consult an experienced Matrimonial Lawyer. He or she will know how to handle this complex area of law if your agreement is silent on this issue. Michael J Stachowski Buffalo NY
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