Q: In NYS, do I have to continue paying my ex-wife maintenance payments if she moves in with another guy?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New York
- (718) 745-3600
- View Profile
- Answered
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.
David P. Badanes and Tim Akpinar agree with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New York
- (716) 824-5353
- View Profile
- Answered
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
Norka M. Schell and Tim Akpinar agree with this answer
A: Most likely "yes", however, you need to read your Judgment of Divorce and if there is one, the Stipulation of Settlement. That will govern when spousal maintenance ends. Typically, someone just moving in, does not qualify for ending spousal maintenance. I highly recommend you consult with an attorney.
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
