If my former spouse moves in with another person does it end maintenance obligations? Permanent maintenance ordered in a divorce is frequently limited to a specified period of time or until a specified event, such as death or remarriage. If a recipient of maintenance cohabits with another romantic interest then the Kentucky legislature has indicated that support may be adjustable or terminated. There is no automatic adjustment or termination of support just because the supported spouse is now living with another person unless the parties previously agreed in writing that such circumstance caused a specified result.
Kentucky Family Code Section 403.250 doesn’t specifically mention living together or cohabitation as a triggering mechanism to automatically end maintenance. If the supported party is cohabiting with and developing a relationship which is “marital like” the Court may conclude circumstances have changed and ultimately modify or terminate the maintenance.
Does the change in circumstances render the continuance of maintenance to be unconscionable? If so, maintenance can be modified or terminated. In essence, the Court will be looking for evidence relating to the duration of “new” relationship, potential economic benefits to the present recipient of maintenance, intent of parties who are cohabitating, nature of living arrangements, nature of financial arrangements, and likelihood of continued relationship.
It is important to note there is a risk in requesting the Court to terminate maintenance if your former spouse moves in with another person. The Court may review all economic conditions surrounding the question of continued maintenance. If the party who is paying maintenance has experienced a substantial increase in income since the end of the marriage the request could actually work against interests.
Questions like “If my former spouse moves in with another person does it end maintenance?” are best answered by experienced Kentucky divorce and family law attorneys. If you have questions regarding ongoing post judgment support orders or maintenance we invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
