If my ex has been living withher boyfriend for at least 6 months, do I have to continue paying spousal support?

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If my ex has been living withher boyfriend for at least 6 months, do I have to continue paying spousal support?

I believe there was a stipulation in my divorce agreement that I do not have to continue to pay in such an event. But I can’t afford a lawyer to fight it. Will I have to go back to court or can I find a way to submit without having to pay just to get my money back?

Asked on April 22, 2011 under Family Law, Kansas

Answers:

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

Answered 11 years ago | Contributor

You hit the nail on the head.  You need to read your divorce agreement and see of it has what is called a co-habitation clause, which should basically state the same as you state here: that if she co-habitates or maybe something even more descriptive than that, then spousal support would end.  I would not suggest, though, that you take it upon yourself to just stop paying her.  You would really need a Judge to enter an order allowing you to stop paying her.  Now, many states have a venue (i.e.,  a Court) that allows a person to appear "pro se" or on their own, to adjudicate issues that may arise regarding enforcement of portions of your agreement.  Or you can just file on your own anyway.  You would need to first read your agreement and then go down to court and ask.  Maybe try legal aid or a law school clinic or local bar association pro bono program.  


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