Legal Question in Family Law in Arizona
Does Ex spouse still have to pay court ordered spousal maintenance if we remain living together but in separate bedrooms? Yes or No Please.
2 Answers from Attorneys
The order for spousal maintenance remains in effect unless/until the court enters a different order (unless the person receiving the maintenance remarries or if either party dies).
There mere fact of moving in together does not change the existing Court order, unless the parties have agreed otherwise. This would be my worry: should the paying party stop paying, he or she may then argue that there was some implied or explicit agreement to pay the spousal in another matter. While I would not think that argument would be very strong, I WOULD ADVISE that the parties have a signed agreement clarifying their intentions, after move-in, as to the ongoing spousal maintenancen obligation.
We can certainly help you consider and then pursue your options. Please contact me directly if you would like to discuss drafting such an agreement.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
email: [email protected]
www.familylawaz.com
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