Legal Question in Family Law in Maryland

Breech of Contract

I�ve been divorced for two years. In my divorce settlement, my ex is to pay me alimony in the form of making the mortgage payment on our family home. He is ordered to do this until one of three things occurs. 1) I remarry, 2) Our youngest son turns 18, or 3) I move a male into the home on a permanent basis. None of which have happened. I do however have a boyfriend who occasionally spends the night. Usually weekends, so it would be 3-4 nights a week. However, he does not live with me. He maintains a home in another town close by which is his permanent physical residence. My ex-husband insists that he lives with me and says he�s going to stop making the mortgage payments because I�m in breech of our divorce. I feel that he is wrong in this assumption. What constitutes �living together�? Do I have anything to worry about? Please shed some light on this for me. I appreciate your time and your response. Thank you.


Asked on 2/22/05, 4:40 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Breech of Contract

I question the enforceability of this condition of alimony. It is not enforceable.

If it has been made part of a judicial order then it is void of enforcement. Once you are divorced you are free to cohabitate and no condition can be placed upon this through a valid divorce. You should re-read your judicial order.

If this is within your separation agreement then it may have become part of the order. This should not, in my opinion, been agreed to between the parties nor enrolled into your decree of divorce.

Matters of child support and custody may be involved with your situation.

You should address this matter appropriately and seek legal counsel. I am available at (410) 750-2567.

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Answered on 2/22/05, 7:11 pm
Joseph Laumann Law Office of Joseph Laumann, PA

Re: Breech of Contract

I would agree that this may be an invalid provision as the constitution prohibits restriction on association. However, if you agreed to it in a sep agreement, then you may be stuck with it. However, having an occasional guest should not be a ban on the payment of alimony.

I would suggest that you might seek a contempt finding against him for nonpayment and then let a court decide about the provision.

I would be happy to discuss your matter with you further, if interested contact my office for a free consultation.

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Answered on 2/23/05, 8:24 am


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