Legal Question in Family Law in Louisiana

I'm divorced for alittle over a year now......I met someone last year and started dating.

I rec. alimony from my ex and there is a clause that states it can be discontinued ....

If I remarry, cohabitate with him or act in a married lifestyle.

I have spent the nite with him and vice versa. In January this time of our relationship things were not good and we decided to end the dating process, 2 week later I learned I was pregnant. We do have a somewhat relations because of the life we are bringing into this world but have NO intent to marry or live with one another. We do not have not lived together in this process by any means. He has lived with parents and now has a home of his own and I reside with my mother.

My ex, now wants to stop the payment stating that I'm pregnant and liveing with him since July of last year. This is not the case. How do I prove this or how does he prove that we did or are living together.


Asked on 8/25/09, 4:10 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Generally, even though you are pregnant from another man, that will not end your first husband's alimony obligation. The law says you lose alimony when you remarry or "live in open concubinage" with another. That means that you are living together as husband and wife. If you aren't living with this person, your ex still has to pay alimony. You don't have to prove that you aren't living together. Your ex would have to prove that you are living together. If you aren't living together, he won't be able to prove that.

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Answered on 9/05/09, 1:56 pm


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