According to AL Code § 30-2-55, alimony can be terminated by the court if there is proof the ex-spouse who is receiving alimony payments has remarried. Alimony can also be terminated if it can be proven the ex-spouse is cohabitating with a member of the opposite sex.
If you believe your former spouse has remarried or is cohabitating with someone of the opposite sex, you may be able to stop alimony payments.
It is important to know the evidence you will need to prove they are remarried or cohabitating to stop these payments. An experienced family law attorney will have the right answer for your unique situation.
What is Alimony?
Alimony refers to financial support payments that one spouse will pay to another after a divorce. The types of alimony payments can be short- or long-term. Short-term alimony payments usually have a clear end date, which is outlined in the divorce agreement. A situation for short-term alimony may be for a spouse who did not work during the marriage and needs time to find a job. According to AL Code § 30-2-57, this spouse may be able to receive rehabilitative alimony payments.
Some alimony payments are meant to be long-term. This usually occurs in longer marriages where it is less likely that the spouse being supported can support themselves. In the case you are paying long-term alimony, you may be wondering how to stop alimony in Alabama. An attorney can help.
Do You Have Any Other Options to Stop Alimony?
Besides proving your ex-partner is remarried or cohabiting, you could also petition to modify the alimony agreement. While modifying the alimony agreement may not fully terminate your payments, it could help you at least reduce the payments.
Our focus will be to help you terminate your alimony payments and to modify your divorce agreement so that it is fair. An attorney can help you learn how to stop paying alimony in Alabama.
What is Cohabiting?
Cohabitating is when two people who are not married live with each other. Usually, these people are involved in a romantic relationship. Their relationship is similar to that of a married couple in that they share expenses even though they are not legally married. Courts may look at several factors when determining whether the cohabitating people are in a marriage-like relationship. These factors include:
- The length of the relationship, and how long the cohabitants spend time together
- The activities the cohabitants engage in together
- If the cohabitants spend their holidays together or if they vacation together
What Evidence Do I Need to Prove Cohabitation?
Proving cohabitation can be a difficult process. Sometimes, an investigation is necessary. It may be possible to investigate their credit card statements or other financial records. In some cases, surveillance footage or photographs may be helpful to prove cohabitation. Social media has made proving cohabitation easier because people post details of their lives available for public access.
If you need help proving your ex-spouse is cohabitating with someone while receiving alimony payments, you may want to seek an attorney for help.
An Alimony Modification Could Help You Terminate or Reduce Alimony Payments
Another way to possibly terminate your alimony payments includes petitioning to modify the payments. The court must find there is a material change in circumstances of one or both parties to move forward with a modification. Circumstances to modify alimony payments include:
- A change in the financial circumstances of either of the parties
- If the paying spouse receives a medical diagnosis or becomes disabled and is no longer able to work
- If the receiving spouse improves their work situation or has a large financial gain, such as an inheritance
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Why Summit Family Law is the Right Choice
At our firm, we strive to leave our clients better than we found them. We understand dealing with legal cases can be a stressful process, so we treat our clients with kindness and generosity.
Our divorce attorneys are empathetic to any dealings with alimony and will work hard to negotiate an agreement. We are prepared to represent you during mediation or litigation. We have saved our clients millions of dollars.
Call Summit Family Law Today for a Case Review
At our firm, we work hard so our clients can reach a fair agreement. If you do not believe you should be paying alimony to a former spouse, we will look at your circumstances and determine the best course of action for your alimony payments.
Contact us by calling our firm at (256) 859-7277 for a free case review. During the case review, we will explain how we can help you and answer your questions. We look forward to guiding you through the process of stopping or reducing your alimony payments.
