Can I stop paying alimony if my marital seperation agreement says until remarried if she is cohabitating?

My marital sepearation agreement states that I will pay alimony and Cobra coverage for her until she remarries or 5 years on the alimony. She is engaged n cohabitating. They have a date set for November and postings on facebook regarding the honeymoon plans. They refianced the house together and bought a motorcycle together. Can I stop paying based on the cohabitation in Pennsylvania?

Asked on June 12, 2009 under Family Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is a point of law where states handle things differently.  In some states, this would definitely justify going to court for permission to stop paying;  depending on how the agreement is worded, it might (or might not) justify stopping on your own.  A mistake can be expensive.

If they do get married in November, you're looking at six months of alimony payments, and the question might be, how much do want to spend to not pay them?

For advice you can rely on, you need to have an attorney in your area review all the unique facts of your case.  One place that you can find a qualified lawyer is our website, http://attorneypages.com

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

i am not licensed in PA so would advise you contact a local attorney to verification but I want to say that usually living together does not carry the same weight as remarrying. When she gets married you will no longer have to pay but until she does in fact get married by the terms of your agreement you have to pay as set forth by that contract.

Of course you can call a local attorney to see if there is a loop hole but in short I unfortunately have to say until they are actually married you must keep paying


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