Question:
If my divorce decree states that alimony ends upon cohabitation and/or remarriage, what steps do I need to take to stop paying?
Answer:
First let me preface my answer by stating that I am not licensed in the state of Kansas. Cordell & Cordell does have divorce attorneys licensed in Kansas and would be happy to discuss your case with you.
Your question is one that I have to answer often for my clients; what happens when an event occurs that should terminate my alimony or child support? While your agreement states that the alimony ends upon her co-habitation or remarriage, I have found that the second you stop paying you will wind up in Court for not paying and then you have to prove to the Court that your former spouse is remarried or cohabitating.
Marriage is easy to prove, cohabitation is a little more difficult and will vary depending upon what state you live in. If your spouse has remarried or is cohabitating (as your state defines it) then the best approach may be to move the Court to relieve you of your obligation to pay because of these events.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
