Alimony and Supportive Relationships

Those of you who pay alimony should be aware that your alimony obligation could be reduced or terminated by the court if the court determines that since your divorce, a supportive relationship has existed between your former spouse and the person with whom your former spouse resides.
In evaluating whether a supportive relationship exists between your former spouse and the person with whom your former spouse resides, the court must examine all circumstances of the relationship, including:

1. The period of time your former spouse and the other person have resided together in a permanent place of abode.
2. The extent to which your former spouse and the other person have held themselves out as a married couple, such as by using the same last name or mailing address.
3. The extent to which your former spouse and the other person have pooled assets or income or otherwise exhibited financial interdependence.
4. The extent to which your former spouse has supported the other person, or the other person has supported your former spouse.
5. The extent to which your former spouse has provided valuable services to the other person, or the other person has provided valuable services to your former spouse.
6. Whether your former spouse and the other person have jointly contributed to the purchase of real or personal property.
7. Whether your former spouse and the other person have worked together to create or enhance anything of value.

The above factors may indicate that your former spouse has entered into a relationship having all the benefits of a marriage, while avoiding a legal marriage in order to keep the alimony payments in effect. If you have to pay alimony and suspect your former spouse is residing with another person in a supportive relationship, you should consult with an attorney to see if you have grounds to seek a reduction in, or termination of, your alimony obligation.