Do Alimony Responsibilities End When your Ex Co-Habits with Someone Else?

It is a common understanding that the award of alimony may be discontinued if the spouse receiving alimony co-habits with someone else. Often former husbands are lurking to find a reason the court may discontinue the award of alimony to a former spouse. However, pursuant to Myers vs. Myers, 266 P.3d 806 (Utah 2011), a Utah Supreme Court case, the facts must show that the spouse receiving the award is now living with someone and pursuing a common law marriage relationship, accompanied by several circumstances including an intimate relationship between the former spouse and the live in, the sharing of living expenses and otherwise pursuing a relationship that for all intents and purposes is a common law marriage. Given those parameters it is often difficult, but not impossible for the court to find in favor of the former spouse that is paying the alimony and discontinue the award. But the bar is high for the finding to discontinue alimony and deciding facts need to be proven in court at trial of the matter pursuant to the filing of a petition for modification of decree.

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