If my ex-wife did not fulfill her side of our divorce decree by letting the marital residence go into foreclosure, do I still have to pay alimony?

She was suppossed to stay in the house untill it sold. Instead, she let it go into foreclosure.

Asked on September 7, 2012 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry.  Generally speaking, one has nothing to do with the other but it would be a really good idea to speak with an attorney in your area to see about bringing an action for breach of your agreement (I am making assumptions as to what is in the agreement here) and asking for alimony to end if your agreement meant for you to pay it in lieu of the mortgage and she was to pay the mortgage.  But you can not just stop paying.  The court needs to order it or you are in breach. Good luck.

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