What is the law in regard to alimony and cohabition by an ex-spouse?

UPDATED: May 22, 2012

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What is the law in regard to alimony and cohabition by an ex-spouse?

I pay alimony to my ex-wife who is now on her 3rd engagement. She has been living with her fiance for about 6 months and they are closing on a house together in a few weeks. Is cohabition and her pattern of “engagements” grounds to have alimony dismissed?

Asked on May 22, 2012 under Family Law, South Dakota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have hit the nail on the head in that you have to ask the court to terminate the support based upon the factors involved in your case.  Generally speaking, the relationship has to show some permanance (engaged and buying a house are good showings here)  and that she receives economic benefit from the relationship as well. Good luck.

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