What Actions by an Ex-spouse Can Cause Termination of Maintenance?
In New York, the obligation of an ex-spouse to pay maintenance (informally known as alimony) may be terminated when the recipient cohabits with a new romantic partner but only under very limited circumstances. There must be evidence that the recipient’s new relationship resembles a marital union where a party holds themselves out as husband and wife which can demonstrated by various factors. Alternatively, if a settlement agreement provides for termination of maintenance upon cohabitation with a third party, that is an additional basis to terminate.
New York Domestic Relations Law § 248 provides that a court may terminate maintenance if the recipient ex-spouse is “habitually living with another person and holding himself or herself out as the spouse of such other person.” That phrase suggests that the individuals must be presenting themselves to the public as a married couple, even if they are not legally wed. The burden of proof for this contention lies with the party seeking to terminate the maintenance payments.
Courts considering termination of maintenance typically look for evidence of clear, affirmative actions of the couple portraying themselves as spouses. Examples are:
- using the same last name
- jointly renting or owning property
- sharing financial responsibilities
- assuming joint debts
- attending family gatherings as a married pair
- referring to each other as spouses in social contexts
- designating themselves on social media as being married
A spouse petitioning to terminate maintenance can present various types of evidence to oppose the claim. This may include testimony from third parties attesting that the couple represents themselves as married. Additionally, correspondence, photographs and social media content can be used to demonstrate the public portrayal of a spousal relationship.
If you are paying maintenance in New York and suspect that your ex-spouse has entered into a marital-type relationship, the experienced family law attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James can determine if a termination may be warranted and assist you in filing and support a petition. Call us at 631-360-0400 or contact us online to arrange a free initial consultation.