Legal Question in Family Law in Massachusetts

Payment of alimony when recipiant co-habits

My ex and I were married in 1969. In 1991 she entered into a sexual relationship with another man resulting in our divorce in 1992. During our entire marriage I never broke our marriage vows.

I agreed to alimony payments of $600/mo for 10 years, (my income was ~$80K and her "hobby" income was ~$12K) to be terminated if she got married (no metion of cohabitation with a man). Everything was agreed to and was consequently not contested. However in my absence in court (without my objection), the judge opened the door of modification of the separation agreement after 10 years.

She has now been cohabiting (including joint checking, same telephone numbers listed, etc.) with the same man since early 1993. Is there any basis for me to ask that alimony payments be terminated? What are the odds?

Is there any chance that the court would extend alimony payments in 2002?

Thank you


Asked on 4/25/99, 7:36 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Payment of alimony when recipiant co-habits

Are you in Massachusetts or North Carolina?

The law is likely very different in both states. Family court judges are often so predictable that it is almost impossible to predict what they will do tomorrow, never mind a few years down the road. You should consult a local family law attorney, who can better guide you and get the uipdated facts from you. You should have put a cohabitation clause in -- at least to the extent the law allowed -- when you had the chance.

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Answered on 5/14/99, 10:19 pm


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