Finding Someone New: What Happens to the Alimony?
Resolve Alimony Conflicts With the Help of a Divorce Lawyer
In most divorce decisions, receiving alimony is conditional. If a certain condition occurs, the alimony payments will end, even if a spouse is supposed to receive it for a longer period of time.
When Does Alimony End?
While a divorcing couple can agree to any terminating condition that seems just and fair in their divorce, Texas statute controls alimony when it is awarded by the Court after trial.
Under Texas law, alimony ends when the person receiving alimony gets remarried.
Under Texas law, alimony also ends if the court determines that the person receiving alimony is cohabitating (living with) their boyfriend or girlfriend. Which makes sense if you think about it – the person receiving financial support from an ex-spouse shouldn’t get a free pass around the terminating event by choosing to live with their next partner instead of getting formally married to him or her.
What Constitutes as Cohabitation?
Terminating alimony because of cohabitation requires the court to find that the receiving party “cohabits with another person with whom he or she has a dating or romantic relationship in a permanent place of abode on a continuing basis.” Going on a short vacation together, or sharing a hotel room for a few nights, or having someone occasionally spend the night when that person has his or her own residence is not “cohabitation.”
If you would like to learn more about finding creative solutions to resolve alimony conflicts, contact a Dallas divorce attorney at GoransonBain Ausley for a consultation.
This post was written by Anita C. Savage.