Question:

Can alimony be terminated or modified if my former spouse is in a live-in, supportive relationship with her boyfriend?

The divorce decree is open for modification.

Answer:

In most states, alimony is always terminated when the former spouse remarries; however, termination or modification when the former spouse is cohabiting with a boyfriend or girlfriend is not as straightforward.

In Missouri, a modification of alimony is only granted upon a showing of continuing and substantial changed circumstance that makes the alimony award unreasonable.

If your former spouse has fewer expenses now because she is now cohabiting with her boyfriend and sharing rent, utilities, groceries, insurance, etc., it may be a reason to modify the alimony award.

You will likely have to show that they have been cohabiting for a substantial amount of time, and/or show other reasoning for the court to accept that this is a continuing change.

There may also be other reasons, such as a decrease in your income, an increase in your former spouse’s income or the passage of time without your former spouse making efforts to become self-supporting that would help in your argument for modifying alimony.

It is important that you consult a local family law attorney in order for you to discuss the specific facts in your case, which may weaken or strengthen your case to modify or terminate alimony.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri divorce lawyer Sarah Galloway, contact Cordell & Cordell.