Alimony forever? Ex has a live-in for 2+ years

The scenario is a "long-term" marriage where alimony was assigned as permanent. At the time the (now ex-wife) had only a part-time teaching job and didn't work much during the marriage. Now she does have a full-time teaching job, income of approx. 45K, a boyfriend of over 7 years and she sold her house 3 years ago to move in with him. Now, to find out they bought a house together (a 'summer' house on a lake), which sounds like a long-term commitment (marriage-like) to me.

The ex is obviously milking the system for what it's worth by not marrying this man (which was her nature and upbringing) and continuing therefore to get alimony although seeming to be married in every other sense of the word/concept. Or should be a common law marriage now for her although I realize those aren't recognized anymore.

Does the payor of the alimony have any recourse? This divorce was in Minnesota.

I found this information at: [url="http://www.commissions.leg.state.mn.us/lcesw/brochures_/mardiss/childsup.htm"]http://www.commissions.leg.state.mn.us/lcesw/brochures_/mardiss/childsup.htm[/url]

and according to what it states you can file for modification.

SPOUSAL MAINTENANCE
Spousal maintenance (alimony) may be awarded to either spouse on a temporary or permanent basis. It is awarded without regard to marital misconduct.

The court may grant maintenance when it finds that the spouse seeking maintenance: lacks sufficient property or is unable to support himself or herself, or is the custodian of a child whose condition or circumstance make it inappropriate for the custodian to seek employment outside the home.

Factors the court considers when determining the amount and duration of maintenance include: the financial resources and needs of both spouses; the time required for necessary education of the spouse seeking maintenance; the standard of living during the marriage; the loss of earnings; seniority and other employment opportunities; the contribution of the spouse seeking maintenance to the other spouse's business or employment; and the age and physical and emotional condition of the spouse seeking maintenance.

When there is uncertainty regarding the need for permanent (as opposed to temporary) maintenance, the court is required to award permanent maintenance and leave the order open for later modification.

Thank you for replying, but unfortunatley this does not help. This tells you how one INITIALLY qualifies for support or if there is a change in circumstances. However, the situation I described is one in which in all areas, she is living a married life - but is not legally married and has discovered this loophole. She can live as if she's married, AND still get spousal support. Is there a way a court will recognize what she is doing and get the support stopped altogether (as it would if she was legally married)???!!! Remember, she has now bought a house with this man - and lives with him in his other house in the city. Where is the justice system? I'm sure she's not the first to find this loophole!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by questioning1:
[b]Thank you for replying, but unfortunatley this does not help. This tells you how one INITIALLY qualifies for support or if there is a change in circumstances. However, the situation I described is one in which in all areas, she is living a married life - but is not legally married and has discovered this loophole. She can live as if she's married, AND still get spousal support. Is there a way a court will recognize what she is doing and get the support stopped altogether (as it would if she was legally married)???!!! Remember, she has now bought a house with this man - and lives with him in his other house in the city. Where is the justice system? I'm sure she's not the first to find this loophole![/b]<HR></BLOCKQUOTE>


In your first question you stated she was working part time at the time of the decree, then you said she is now working full time. That plus her financial records should be enough to at least get a hearing.

[b]Factors the court considers when determining the amount and duration of maintenance include: the financial resources and needs of both spouses; the time required for necessary education of the spouse seeking maintenance; the standard of living during the marriage; the loss of earnings; seniority and other employment opportunities; the contribution of the spouse seeking maintenance to the other spouse's business or employment; and the age and physical and emotional condition of the spouse seeking maintenance. [/b]

I understand there are grounds for a new hearing - but - what I really am trying to find out is if there is a way to end the support altogether given her current living arrangement with this other man and her obvious intent for it to be long-term (e.g., buying another house together).

CAN SPOUSAL SUPPORT BE DISCONTINUED ALTOGETHER BECAUSE SHE IS LIVING WITH ANOTHER MAN (but not getting married on purpose to avoid losing the spousal support)? (I would think this has come before the courts before - that other spousal support recipients have done this too.)

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by questioning1:
[b]I understand there are grounds for a new hearing - but - what I really am trying to find out is if there is a way to end the support altogether given her current living arrangement with this other man and her obvious intent for it to be long-term (e.g., buying another house together).

CAN SPOUSAL SUPPORT BE DISCONTINUED ALTOGETHER BECAUSE SHE IS LIVING WITH ANOTHER MAN (but not getting married on purpose to avoid losing the spousal support)? (I would think this has come before the courts before - that other spousal support recipients have done this too.)[/b]<HR></BLOCKQUOTE>

Following is a few links to case laws that you might find informational.
[url="http://www.state.mn.us/courts/library/archive/ctapun/9907/195.htm"]http://www.state.mn.us/courts/library/archive/ctapun/9907/195.htm[/url]
[url="http://www.state.mn.us/courts/library/archive/ctapun/9908/340.htm"]http://www.state.mn.us/courts/library/archive/ctapun/9908/340.htm[/url]

This one below... I think you will find very very helpful..
[url="http://www.state.mn.us/courts/library/archive/ctapun/9905/2003.htm"]http://www.state.mn.us/courts/library/archive/ctapun/9905/2003.htm[/url]

and more: [url="http://www.state.mn.us/courts/library/archive/ctapun/9911/871.htm"]http://www.state.mn.us/courts/library/archive/ctapun/9911/871.htm[/url]