What is my obligation to my ex regarding my boyfriend moving in with me?
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What is my obligation to my ex regarding my boyfriend moving in with me?
I was married for 24.5 years and have been divorced for 2.5. We have grown kids. I have a boyfriend who is moving in with me soon. Our written divorce agreement is that I will get spousal support from my ex for 15 years since his income is double mine; I’m a teacher. The divorce agreement states,
Asked on July 14, 2017 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, you are correct: you must notify your ex of when you begin cohabitating, and when that happens, he will presumably make a motion (a formal request to the court) to stop or reduce his payments. The court may or may not grant that motion, and if the do so, does not have to give him everything he wants (e.g. the court could choose to reduce the support but not eliminate it), since the agreement only says that the provisions are "modifiable"--it does not mandate they cease.
If you fail to notify your ex and he becomes aware later, not only can he then move to modify/reduce the support (and will have an advantage in court, since you will be coming in as a wrongdoer who violated her agreement), but he can also seek sanctions from you (like attorneys fees) and also look to retroactively recover at least partial payments from when you first started cohabitating.
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