Ending Alimony

[Gadzie]

Michigan - My new husband is in year 2 of 7 year alimony payments. Divorce stated alimony would end upon death or remarriage. Question......Since his ex has already received half his pension and retirement......would he be able to stop alimony payments should he opt for early retirement???? I'm considering going back to work to make this possible. Next question.....would his ex be able to come back on MY income to continue alimony? His ex is currently cohabitating with another man and has been since before the final divorce. Why cohabitation was not put in the divorce papers....was probably because of a bad lawyer and a judge that threaten alimony would be worse if it went to court. His ex has also gone from working part time to full time which I don't believe she has reported to Friend of the Court. Any suggestions????

 

[LegalBeagle]

Michigan - My new husband is in year 2 of 7 year alimony payments. Divorce stated alimony would end upon death or remarriage. Question......Since his ex has already received half his pension and retirement......would he be able to stop alimony payments should he opt for early retirement???? I'm considering going back to work to make this possible. Next question.....would his ex be able to come back on MY income to continue alimony? His ex is currently cohabitating with another man and has been since before the final divorce. Why cohabitation was not put in the divorce papers....was probably because of a bad lawyer and a judge that threaten alimony would be worse if it went to court. His ex has also gone from working part time to full time which I don't believe she has reported to Friend of the Court. Any suggestions????

You have answered your own question.. it continues for 7 years or until death or remarriage. If he stops paying, then he will one day go to jail or have any other assets stripped.

Cohabitation is rarely (if ever) used as stipulation in ending alimony as it is not a permanent change. Also, you would have to prove between a roomie and a lover.. then you would have to define lover.. and then you would have to define sex.. enter Bill Clinton to testify on the ex's behalf (after a quickie in the court room bathroom as payment).

 

[Gadzie]

Are you saying that if he retires and his income is reduced to only his retirement benefits, which is more than half of his income at this point.......and the alimony would be half of his retirement benefit, he would still be paying alimony out of his benefits....even though she has already received her half of his retirement? What if he goes out on permanent disability due to a back injury incurred on the job years ago causing grief now as he ages???