Can I stop my spousal maintenance if my ex moves in with new man and has his child?

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Can I stop my spousal maintenance if my ex moves in with new man and has his child?

I got divorced and voluntarily agreed to give my ex $1000 a month spousal maintenance. The agreement says if she remarries it lowers to $500. She currently lives with her boyfriend and they are having a baby together. But she refuses to remarry and lose the extra $500. Is there any way out for me? I heard that some courts consider it thesame as remarrying if they live together in a marriage like situation. If so, what is the process?

Asked on June 17, 2012 under Family Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Arizona does not recognize common law marriage. However, if a receiving spouse's monthly living expenses decrease that can be sufficient to justify a reduction in spousal maintnenance, if the reduction is "substantial and continuing."  So, if she was paying rent before and now she doesn't have to because she lives with her boyfriend, that decrease in her living expenses could be a basis for reducing the amount of support.  Consult your divorce attorney.  


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