• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

opposite-sex cohabitation, the ex and boyfriend bought a house together

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ptownguy

Junior Member
What is the name of your state? CA

The ex has been living with boyfriend for the last few years, they have lived, loved, and moved 3 different times, (one of rentals where they lived they had to list on the lease that they were married!)
They are not married, just living together. Now they have bought a house together. What would my chances be in persuing a ;

Notice of Motion and Motion to Reduce or Terminate Spousal Support Due To Changed Circumstances

In my Settlement Agreement, it states, "that husband will pay alimony until death of the Petitioner (husband) or the death of the Respondent (wife) or, the remarriage of the Respondent, or modification or termination by further court order, which ever occurs first"

Thanks in advance for your help, and many, many thanks for this type of forum!
 


Ambr

Senior Member
Nobody is dead.
She didn't remarry.

You might try on the grounds that she claims marriage. Witnesses of people she represented herself as married to. Copy of the lease?

But you would be shooting in the dark. And most likely wasting your money. If they have been living together for the past 3 years, I seriously doubt if she is going to marry him. That would end her ali-money (as my mother-in-law refers to it).
 

ptownguy

Junior Member
I belive I can get a copy of the lease from the previous landlord.

One other question I have always wondered about;

If for some strange reason she actually DID get married, say in another state, how would I ever, ever, know? Even if she did file income taxes with the new hubby, I don't think Uncle Sam is going to come knocking on my door to notify me about it, and if she never changed her last name, same bank account, she could just keep cashing my support checks to her via the bank ATM......it seems very possible to me......
Recently I have wondered why it takes her 2-3 even 4 weeks sometimes for my checks to her to clear....she's only 20 miles away, I mail them to her always on time, but damn, I really wonder if she really still needs this support???Maybe she is too busy picking out new furniture for the new house! :)
 
Last edited:

totsinma

Junior Member
Please let me know how this winds up. I'm in a similar situation, but my ex and her boyfriend have a child together (she became pregnant during the divorce process which she was dragging out). She's in FL and I'm in MA so laws differ state to state. I think she has to abide by MA laws since that's where are divorce took place. I hate knowing that I'm helping support her new little family when I have my own (with my new wife) to care for. Best of luck to you.
 

Kansas4me

Member
Heck it says till further court orders terminate it. Go talk to a lawyer, they have free consultations. S/He will be able to tell you if you have a chance based on new circumstances.
 

BelizeBreeze

Senior Member
All you need to do is get a copy of the deed (it's public information) and the utility bills and then file to terminate the support. If it were me, I would also intimate to the court that a fraud on the court has been perpetrated. (wink) :eek:
 

Mars4Dude

Member
Another marriage penalty

When a divorced person receiving spousal support lives with another partner, and they produce a child from their relationship, they are functioning as a family. While formal a marriage has not been entered into, the cohabitating partner is performing the function of the former spouse. In this case, it looks like a reasonable effort has been made to become self-supporting. With the loss of spousal support from entering marriage, marriage is discouraged. I see this as another marriage penalty. (I just had to repeat myself from another thread).
As one can see, I am not an attorney. I find the law perplexing at times. Please tell me how fraud to the court could have been perpetrated?
 
Last edited:

ptownguy

Junior Member
Would this be a 'de facto' marriage?

This is a perfect example of a "de facto" sort of marriage, isn't it? I have been looking/following at this newly proposed FL law

Senate 0152: Relating to Alimony ------------------------------------------------------------------

S152 GENERAL BILL by Siplin
Alimony; defines term "de facto marriage"; requires court to terminate
payment of alimony if there is competent, substantial evidence to show
that recipient former spouse is cohabitating with person of opposite sex
outside of legal bond of matrimony.


How are the chances that a judge in califonia would support this view in court?

I would hope that this will set some sort of presedenct in other states!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top