In family law matters, if the parties wish for an alimony obligation to end under certain conditions, they must clearly outline these conditions in their separation agreement. This is as relevant for remarriage as it is for any other specified events. It's important to note that the payor's obligation to pay alimony does not automatically end upon the recipient's remarriage. Instead, remarriage typically creates an assumption that the recipient no longer intends to continue receiving alimony, except in very rare circumstances. While this assumption exists, the payor may still need to address the issue in court, rather than benefiting from an immediate termination of alimony. During this process, it's essential for the payor to keep paying alimony until a court officially modifies the order.
When it comes to cohabitation, alimony can often be terminated or adjusted. According to General Statutes § 46b-86(b), a court may modify, suspend, reduce, or cease periodic alimony payments if the party receiving alimony resides with another person under circumstances that alter their financial needs. Cohabitation, by itself, is insufficient to change alimony conditions. As outlined in C.G.S. 46b-86(b), the relationship must impact the recipient's financial situation for cohabitation to influence alimony obligations. Unlike remarriage, which is generally straightforward to demonstrate, establishing that cohabitation has changed a party's financial needs can be more challenging. This difficulty increases if the cohabiting individuals attempt to hide their financial details or deliberately maintain separate finances. The responsibility to prove these changes falls on the individual seeking the adjustment or termination of alimony. Therefore, it can be beneficial to consult legal counsel who is knowledgeable about discovery methods, such as depositions, interrogatories, and requests for document production. These tools may be necessary to gather the required evidence and documentation to support a case.Contact Us
If you have any questions about the alimony obligations in your divorce, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
