Do I Still Pay Spousal Support If My Ex Is Cohabitating With Another?

There are two different types of spousal support in New York:temporary maintenance and post-divorce maintenance. Temporary maintenance occurs while the divorce is pending and gives one spouse immediate financial assistance until a final divorce judgment is made. The second kind of alimony is post-divorce maintenance, which is awarded by the court once the divorce has been finalized.

Post-divorce maintenance can be durational or non-durational. Durational maintenance only lasts a set period of time and works on the assumption that the other spouse will be able to financially support themselves after a couple of years. Non-durational maintenance is oftentimes used for older divorces, spouses with an illness, or those unable to find work and will be paid out later notice.

Post-divorce maintenance can end in one of three ways:

  • Either spouse passes away
  • Remarriage of the supported spouse
  • Cohabitation of the supported spouse with a romantic interest

When one of this instances occurs, the spouse that is paying spousal support can petition to the court to have their support terminated. However, when the supported spouse is cohabitating with a romantic interest, they must hold themselves in a similar fashion to remarriage for spousal support to be terminated.

Paying alimony is a hefty expense for a marriage that did not work out. When a former spouse is living with someone else, it can feel like they are using your spousal support for something other than financial need.

Our experienced Nassau County divorce attorney can help you if you believe your spousal support is being wasted or if your ex-spouse refuses to pay you the support you need.

If you find yourself in this situation, contact the divorce team at Jason M. Barbara & Associates, P.C. to learn what we can do to help.