Can I stop paying alimony if my marital seperation agreement says until remarried if she is cohabitating?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I stop paying alimony if my marital seperation agreement says until remarried if she is cohabitating?
My marital sepearation agreement states that I will pay alimony and Cobra coverage for her until she remarries or 5 years on the alimony. She is engaged n cohabitating. They have a date set for November and postings on facebook regarding the honeymoon plans. They refianced the house together and bought a motorcycle together. Can I stop paying based on the cohabitation in Pennsylvania?
Asked on June 12, 2009 under Family Law, Pennsylvania
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
This is a point of law where states handle things differently. In some states, this would definitely justify going to court for permission to stop paying; depending on how the agreement is worded, it might (or might not) justify stopping on your own. A mistake can be expensive.
If they do get married in November, you're looking at six months of alimony payments, and the question might be, how much do want to spend to not pay them?
For advice you can rely on, you need to have an attorney in your area review all the unique facts of your case. One place that you can find a qualified lawyer is our website, http://attorneypages.com
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
i am not licensed in PA so would advise you contact a local attorney to verification but I want to say that usually living together does not carry the same weight as remarrying. When she gets married you will no longer have to pay but until she does in fact get married by the terms of your agreement you have to pay as set forth by that contract.
Of course you can call a local attorney to see if there is a loop hole but in short I unfortunately have to say until they are actually married you must keep paying
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.