Does a man have to pay alimony for his ex-wife even if she is living with some one else and have kids together? 5 Answers as of June 08, 2011

My (now) husband got married in California to someone else in 2005 and less than two months later they ended up separating. He filed for divorce in 2007. He and I started living together before they were legally divorced and she also lived with her boyfriend. Now she has a baby with her current partner but she is asking for alimony. My husband got deported and he is in Mexico with out a Job. His mom, sister, and I are the ones sending money so he can survive. We filed to remove the alimony from him and now we are waiting to hear from a judge. Is it possible for him to stop paying alimony to her or is he going to have to pay it all his life?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
There should be no alimony (spousal support) ordered in a marriage which lasted only two months before separation. In addition, there is a presumption of decreased need for support if your husband's ex-wife is cohabiting with another man. If your husband's ex-wife of two months received an order for alimony in the divorce case, you should retain an attorney to represent (and contact)your husband to file an Order to Show Cause to terminate alimony.
Answer Applies to: California
Replied: 6/8/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
There is case law which states that she should not receive alimony where one party is cohabiting with another person. He would need to file an Order to Show Cause to allege that she is no longer entitled to alimony as a result of her cohabitation.
Answer Applies to: California
Replied: 6/8/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
This is a set of facts that I believe I could use to terminate the spousal support. There is sufficient Family Codes, and case law that will support termination of spousal support based on the facts you have provided. If facts have been left out, my opinion could change. It would be prudent to hire an attorney, rather than risk continuing paying support.
Answer Applies to: California
Replied: 6/8/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
California law provides that when a divorced spouse co-habitates with someone there is a presumption that the spouse does not have a need for alimony.
Answer Applies to: California
Replied: 6/8/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
A 2 month marriage should not result in spousal support. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/8/2011
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