When an alimony recipient begins living with a new partner, he or she must demonstrate that a continuing financial need exists in order to continue receiving spousal support. In an unpublished opinion, a couple divorced after about 14 years of marriage. Their June 2005 judgment of divorce incorporated a matrimonial settlement agreement (“MSA”) that required the husband to pay his former wife limited-duration (a/k/a “term”) alimony until August 2013. The MSA also stated the alimony award would be subject to modification or termination if the former wife began cohabiting with a new partner.
In 2012, the former husband filed a motion to terminate alimony payments after learning his former wife’s boyfriend began residing with her. The family court denied the man’s motion because he failed to establish that his former wife received a financial benefit from her new living arrangement. A few months later, the former wife moved into a home that was owned by her boyfriend. In April 2013, the former husband filed another motion to terminate his alimony obligations as of the date their cohabitation began or the date of his motion.