Can spousal support amount change?

[Cross Hair]

What is the name of your state (only U.S. law)? Ohio

My wife and I are working on a dissoloution after 20 years of marriage. Can I write into our agreement that if she starts living with another man or re marries the spousal support will change or end at that point? Or do I have to pay support for the full term of the agreement no matter what changes?

Thanks

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

My wife and I are working on a dissoloution after 20 years of marriage. Can I write into our agreement that if she starts living with another man or re marries the spousal support will change or end at that point? Or do I have to pay support for the full term of the agreement no matter what changes?

Thanks

If the two of you agree to that, absolutely. If you don't, then it would be up to the judge to decide, and the judge would absolutely agree with you in the case of a remarriage. Cohabitation is iffier, although a judge would probably agree with you on that as well.

 

[nextwife]

Is there a significant difference in incomes? Spousal support is not automatic, even in a long term marriage. ONLY if there is a real difference in income or earning ability..

 

[Bali Hai]

What is the name of your state (only U.S. law)? Ohio

My wife and I are working on a dissoloution after 20 years of marriage. Can I write into our agreement that if she starts living with another man or re marries the spousal support will change or end at that point? Or do I have to pay support for the full term of the agreement no matter what changes?

Thanks

Since you are weak minded and have been brainwashed into thinking that alimony is the traditionally correct thing to do, you might consider just agreeing to pay the alimony for the rest of your life.

Putting remarriage and other clauses in the decree is a waste of time because if you think you stbx isn't smart enough to keep your money rolling into her pocket for as long as possible, you are sadly mistaken.

 

[Ohiogal]

Have you run finplan? If not you will want an attorney to run that program for you. You will also need to submit a child support worksheet if you have minor children.

 

[Cross Hair]

Ohiogal, I did a Google search on finpan and found nothing. Can you give me a little more info on this and maybe a site I could go to ?

Bali Hai, as I have read your post in the past I have wondered why you are so bitter, I now understand why and how you got there. Everytime I think we are in agreement it changes and she wants more. I have reached the end of my rope! I am trying to be civil because she is moving out of the house next weekend and I figure once she makes that step it swings the pendulum my way. She will be leaving me with both kids, as well as leaving her horses there. There are things she hasn't considered that are going to chunk away at her big fat golden egg. In the beginning I wanted to be fair but no longer, If I need to stand on her to keep from drowning so be it.

 

[nextwife]

Ohiogal, I did a Google search on finpan and found nothing. Can you give me a little more info on this and maybe a site I could go to ?

Bali Hai, as I have read your post in the past I have wondered why you are so bitter, I now understand why and how you got there. Everytime I think we are in agreement it changes and she wants more. I have reached the end of my rope! I am trying to be civil because she is moving out of the house next weekend and I figure once she makes that step it swings the pendulum my way. She will be leaving me with both kids, as well as leaving her horses there. There are things she hasn't considered that are going to chunk away at her big fat golden egg. In the beginning I wanted to be fair but no longer, If I need to stand on her to keep from drowning so be it.

I sure hope you are going to have her share the support costs of your children together.

Bali is right on that alimony is NOT automatic. You should come back and post more about the situation.

 

[cyjeff]

The hard part of this clause is the cohabitation part.

It is easy to prove a remarriage. It can be difficult to prove cohabitation.

For instance, if a boyfriend spends, say, 3 nights a week at your ex's place but still has their own residence, is that cohabitation.

What about for 7 days in a row but only on alternating weeks? Etc, etc, etc.

 

[Cross Hair]

To answer a couple of questions.

-Our incomes are $98,000 apart with mine being the largest.
-I have spoke with two attornies and both have come up with close to the same support amount as her attorney.(And no I didn't tell her that)
-Child support is being deducted from the offers I make her.

She was blown away when I informed her the land value of our properity would be deducted from the buy out, but her attorney confirmed that since I owned the land for 6 years before we married it's out of the equation.

Just so you know all the facts there has never been any abuse of any kind, no drug use or alcohlism on either of our parts. I do believe she has cheated on me but I have not tried to prove it. She made the decision to divorce and had already decided to move out before I found out. I was made aware of her plans when someone sent me an anonymous sympathy card telling me to protect my financies and get an attorney.

Thanks for everyones help and comments

 

[OhioCP]

It certainly can be written into a decree that spousal support ends upon a cohabitation/remarriage situation of the recipient. However, it may be difficult to prove cohabitation as another poster previously pointed out. You can also put in a time frame that SS ends (such as 3 yrs, 5 yrs, etc).

One word of caution since you indicated that this was a dissolution versus a divorce. Be especially cautious about what are agreeing to with a dissolution, as some judges take the stance that if both parties agree to the terms, then no further modification may occur except in regards to Child Support (versus a divorce where the judge makes the decision and future modifications are more accepted depending upon circumstances).

 

[Ohiogal]

Actually it depends on whether or not it states specifically that spousal support is modifiable. If it does not state that it is modifiable then it is normally deemed unmodifiable.