Does Cohabitation of Ex-SPouse Terminate Alimony?
Posted By Irene C. Olszewski, Esq. on November 5, 2009
In a divorce, one party may be obligated to pay alimony to the other. Divorce agreements may state that alimony terminates on the death of either party or the remarriage of the party receiving the alimony.
If the party receiving alimony chooses to cohabitate with another person without entering into marriage, does the alimony obligation automatically terminate? No.
However, the legislature passed Connecticut General Statute 46b-86b which states that, “[i]n an action for divorce, dissolution of marriage, legal separation or annulment brought by a husband or wife, in which a final judgment has been entered providing for the payment of periodic alimony by one party to the other, the Superior Court may, in its discretion and upon notice and hearing, modify such judgment and suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person under circumstances which the court finds should result in the modification, suspension, reduction or termination of alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party.”
In other words, the party paying alimony may file a motion to modify the amount of alimony paid — and a judge has the discretion to suspend, reduce or terminate the payment of that alimony.
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copyright 2009 Irene C. Olszewski
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