Legal Question in Family Law in Maine

divorce

Can someone receive alimony if they have a live in boyfriend, and can you collect that like child support from the state, if husband not paying either?


Asked on 5/07/07, 9:27 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: divorce

The answer to your question depends on the specific language of the divorce judgment. It is common for spousal support ("alimony" is no longer politically correct) to end if the receiving spouse cohabitates with a person of the opposite sex as if they were married. This is often included to prevent ex-spouses from receiving support if they have a live-in relationship who is assisting with the monthly expenses.

However, every now and then, I do see an Order that omits that exception.

With respect to the second part of your question, you can ask for an Immediate Withholding Order for Spousal Support just as you can for Child Support. However, it is my understanding that DHHS will not pursue due spousal support.

I hope that answers your question. If you would like to talk about the matter in more detail, please do not hesitate to contact me.

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Answered on 5/08/07, 2:31 pm


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