If my divorce decree states that I pay permanent spousal support but my ex-wife has been cohabiting for over 90 days, do I have to continue making payments?

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If my divorce decree states that I pay permanent spousal support but my ex-wife has been cohabiting for over 90 days, do I have to continue making payments?

Asked on June 12, 2019 under Family Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you do, unless the decree states that you no longer have to pay in the event she cohabitates. The divorce decree is enforceable as per its plain terms--if the terms of the agreement allow you to discontinue support under these circumstances, you can, but otherwise, you will have to keep paying.


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