A: This will depend entirely on state law and your specific order.
Alimony is usually awarded in recognition of events which happened during the marriage - like the wife staying home to raise the children, thereby sacrificing her career prospects to a great extent. The events which happen to the payor spouse after the divorce can therefore be irrelevant to the alimony obligation.
On the other hand, however, there is certainly something to be said for the idea that the wife's sacrifices during the marriage continue to contribute to the success that the ex-husband is now enjoying. In states that follow this theory, the obligation might be subject to modification.
It's also possible your order attempts to recognize future increases in income which the payor is expected to receive. If that's the case, you might not be able to get a modification.
You really should consult an attorney in the relevant state to determine this. More importantly, if you are currently divorcing, ask your attorney about the alimony order.
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Q: Can alimony be reinstated after its termination due to cohabitation?
A: This depends entirely on state law and your specific order. Some courts now order alimony termination provisions that include "cohabitation with someone of the opposite sex." This provision is also frequently used when divorce cases are settled by agreement.
The definition of "cohabitation" varies widely in different locations. Some courts have held that "cohabitation" means people living together and sharing living expenses. Other courts require a marital, conjugal relationship.
Some courts have ruled that alimony may be reinstated at the end of the cohabitation period. Other states have held that a termination of the obligation prevents the obligation from being reinstated.
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Q: Will I have to pay my ex-wife her alimony arrearage after remarrying and divorcing again?
A: It depends on state law. In some states the arrearage has accrued to the wife's benefit, and a subsequent remarriage will not terminate her right to the money. In other states, the remarriage will terminate her right to the arrearage.
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Q: Does my ex-husband have to continue to pay alimony if I'm now living with another man?
A: The answer to your question will depend on you state's laws on terminating alimony and the exact wording of your divorce settlement agreement. The alimony order may provide a term which automatically terminates the obligation if you cohabitate with another man. Even if your order doesn't include such language, state law might include the provision. This is a very common termination provision.
However, "cohabitation" is defined by state law. Some states only require that the couple live together. Others will require that the other person actually support the person receiving the alimony.
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Q: Can I revise how my settlement agreement characterizes my payment for tax purposes?
A: This depends on your state's law.
Generally, alimony is tax deductible for the person paying the alimony and taxable to the person receiving the alimony. If you are ordered to make the house payment on the home your ex-wife is living in, that is not considered an alimony payment. It would be taxable to you and not her.
A court might modify the order to include the same payment in an alimony payment to her, thereby making the payment tax deductible to you and taxable income to her. Normally the court can't modify your property settlement unless your ex agrees or there's a provision in your settlement agreement or state law that allows the court to modify the agreement.
Each item in the agreement is potentially important for the whole agreement. The change proposed here would work to the advantage of you and to the disadvantage of the ex-wife. Each term in the agreement was likely agreed to based on other terms. Possibly you accepted the house payment and its poor tax treatment in exchange for a reduced child support payment. If so, it would doubly harm the ex-wife for you to now get the preferential tax treatment on the mortgage payment.
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Q: Can my ex-wife collect back alimony when she's done nothing about my non-payment for several years?
A: There is a definite possibility she can still collect. The alimony obligation is a legal right of the ex-wife, and you know you are obligated to pay the amounts.
You may, however, have a defense called "laches" (pronounced "latches"), which can be used against someone who has failed to assert a right to alimony for an unreasonable and unexplained period of time under circumstances that are prejudicial to the other party.
The states differ on whether or not this defense is available, and the specific facts of each case can also defeat the defense. For starters, you know about the obligation and your failure to pay. Under those circumstances, many courts won't find the prejudice necessary for laches to succeed.
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