ex-spouse in domestic partnership

california

My ex-wife is now in a legal domestic partnership with a man she's been living with for over two years. She is now on his health insurance plan at his work. Am I still responsible for paying her spousal support?

jjbloom said:

california

My ex-wife is now in a legal domestic partnership with a man she's been living with for over two years. She is now on his health insurance plan at his work. Am I still responsible for paying her spousal support?

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My response:

Please define your use of the phrase, "legal domestic partnership". Do you know, for a fact, that a "Declaration of Domestic Partnership" was filed by them with the Secretary of State under the California Domestic Partner Rights and Responsibilities Act of 2003?

IAAL

You might want to look into a "Change of Circumstances"?

Check out some of my earlier posts. My ex is is living with another guy, and they are buying a house together. They are not married, and as far as I know, are not in a domestic partnership? I am considering the same issue; Modification/Termination of Spousal support
Ummm this does sound like to me a major "Change of Circumstances" and could be brought to court to maybe have the spousal support reduced or terminated?....I'm not an attorney, but I think some of the other people here will chime in here, and give you some worthly advice.....?

california

I say they are in a "legal domestic partnership" because I just found out that her live-in will have her on his health insurance benefits through his work. As far as I know, in order to do this, they have to legally file a claim proving their domestic partnership. Is this grounds for terminating or lowering spousal support?
Thanks

I don't know all that much about spousal support but it would seem to me worth consulting a lawyer over. It seems that she is receiving support from two men. The downside to this is that the other man is probably not legally responsable for providing support to her. I think that there are some cases that have gone to court because two people got divorced and one pays the other support. The support receiver is in a long term relationship with a member of the same sex ( hence not able to get married ) and the support was stopped because of the relationship.

jjbloom said:

california

I say they are in a "legal domestic partnership" because I just found out that her live-in will have her on his health insurance benefits through his work. As far as I know, in order to do this, they have to legally file a claim proving their domestic partnership. Is this grounds for terminating or lowering spousal support?
Thanks

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My response:

No one can advise you until you know, for a fact, that they have filed a "Declaration of Domestic Partnership". Did you call the Secretary of State's Office and ask if there is one on file? You know, they could by lying to the insurance company.

Once you find out for sure, then I can advise you.

IAAL

IAAL is, as always correct. I would just like to add that it may also depend on what your decree states. Is this for a lifetime? Is it for assets aquired during the marriage? Is it for self improvment like education? What does your decree say about when it should stop?