Proving Cohabitation To Terminate Alimony During Pending Divorce Case

Omaha Nebraska Divorce LawyerQuestion:

I have been trying to divorce my wife for several years. I have been paying her alimony throughout the pendency of the divorce.

I recently found out she has been living with another man who financially supports her.

Can I petition the court to terminate spousal support if my wife is cohabiting with another man in his house?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.

First of all, in jurisdictions such as the two I practice in, an individual may file to change their current support obligations, both child and spousal support, based on a “material change of circumstances.”

The “material change” causing the increase/decrease in income or possible inability to pay could not have existed at the time of the entry of the original order.

By filing to modify, you may be able to reduce your spousal support obligation. Even if the decree is silent as to the reasons for termination, often times state laws will control when the alimony should be terminated, or at least give guidance as to what would constitute a material change of circumstance for purposes of modification.

The Gavron warning by your court may have even warned your spouse that she should become self-supporting and make reasonable efforts regarding the same, even giving a particular date that the supported spouse should become self-sufficient.

Where I practice, divorce attorneys can often times argue that the opposing spouse is committing voluntary wastage or that a new significant other is helping them commit some type of voluntary wastage.

Lawyers can often times prove this by passports, bank records, inability to produce rental or mortgage payments. The right discovery, including possibly calling the paramour and requesting his bank records, may help your case. It could save you a considerable amount of money.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.

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