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Alimony Issues

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djk0121

Junior Member
What is the name of your state (only U.S. law)? South Carolina.

My husband has been paying alimony to his ex-wife for two years. Their marriage lasted 17 years. She is healthy and works full time. She recently asked my husband to make a deal with her. He currenly pays $700/month. She asked him to agree to pay her $350/month for the next four years whether she was married or not, and then he would be finished. Of course, he agreed. She informed him tonight that the deal is off. The papers had not been signed yet. She told him last week that she's planning to move in with her boyfriend next month. Would he be able to get the alimony stopped if she cohabitates and doesn't marry this man? Would it be worth taking her back to court?What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? South Carolina.

My husband has been paying alimony to his ex-wife for two years. Their marriage lasted 17 years. She is healthy and works full time. She recently asked my husband to make a deal with her. He currenly pays $700/month. She asked him to agree to pay her $350/month for the next four years whether she was married or not, and then he would be finished. Of course, he agreed. She informed him tonight that the deal is off. The papers had not been signed yet. She told him last week that she's planning to move in with her boyfriend next month. Would he be able to get the alimony stopped if she cohabitates and doesn't marry this man? Would it be worth taking her back to court?What is the name of your state (only U.S. law)?
What exactly does his divorce decree state regarding alimony? Does it have a cohabitation clause? No one can answer that question without knowing the exact wording of the decree.
 

Bali Hai

Senior Member
What is the name of your state (only U.S. law)? South Carolina.

My husband has been paying alimony to his ex-wife for two years. Their marriage lasted 17 years. She is healthy and works full time. She recently asked my husband to make a deal with her. He currenly pays $700/month. She asked him to agree to pay her $350/month for the next four years whether she was married or not, and then he would be finished. Of course, he agreed. She informed him tonight that the deal is off. The papers had not been signed yet. She told him last week that she's planning to move in with her boyfriend next month. Would he be able to get the alimony stopped if she cohabitates and doesn't marry this man? Would it be worth taking her back to court?What is the name of your state (only U.S. law)?
It rarely if ever benefits an alimony receiver to remarry and lose their alimony. This is further complicated by judges old fashion practices of awarding alimony because "men are obligated to support women". This attitude by the judiciary is taken advantage of by women and their attorneys.Therefore, a clause in the divorce decree that alimony stops upon remarriage is meaningless.

The recent "cohabitation" statutes in many states were designed to keep alimony recipients from beating the system and continue collecting alimony when they would have otherwise remarried.

This is not working either because there are loopholes when the recipient cohabitates and still beats the system and continues to collect alimony.

The state welfare system would have had statutes enacted a long time ago to prevent this kind of fraud, trust me!!

The only effective solution to this issue, is to totally eliminate alimony altogther except in the most extreme of cases where a jury would decide whether or not to make an award for the amount and duration.
 
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djk0121

Junior Member
alimony issues

His divorce decree states that she receives permanent alimony. We just realized this today. It does have the clause that is stops upon remarriage. I am not sure if my state(SC) has a cohabitation law, but I will definitely be checking into this.
 

Bali Hai

Senior Member
His divorce decree states that she receives permanent alimony.

You don't suppose that this is the reason she backed out of the deal that SHE proposed do you? Or maybe the would be new husband saw $700/month buying that new car he's always wanted??

We just realized this today. It does have the clause that is stops upon remarriage.

Forget that.

I am not sure if my state(SC) has a cohabitation law, but I will definitely be checking into this.


Good luck and please kindly keep us informed on the status of this case.
 

djk0121

Junior Member
alimony issues

So, pretty much what you're telling me is that he's screwed? He talked with an attorney about taking her back to court about a year ago, and was quoted a price of about $2000. Of course, there's no guarantee that the alimony would be reduced. I am hesitant to spend that amount of money if the law is on her side. She now tells us that she is not moving at all. Maybe the husband-to-be realized that she might do the same thing to him in the case of a divorce. Thanks for your help.
 

Silverplum

Senior Member
So, pretty much what you're telling me is that he's screwed? He talked with an attorney about taking her back to court about a year ago, and was quoted a price of about $2000. Of course, there's no guarantee that the alimony would be reduced. I am hesitant to spend that amount of money if the law is on her side. She now tells us that she is not moving at all. Maybe the husband-to-be realized that she might do the same thing to him in the case of a divorce. Thanks for your help.
A = A.
Permanent = Permanent.
It does have the clause that is stops upon remarriage. = It stops upon remarriage.
 

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