Spousal Maintenance and Cohabiting

[FVFrog]

Does anyone have any experiences of their spousal maintenance being stopped/changed when moving in with a new partner (not marriage). Does ExH have to take me back to court to ask for change in payments?

Usually there are terns in the consent order rebating to triggers such as cohabitation
what does your consent order state ?

This was a trigger in my divorce settlement. After 6 months cohabiting.

It would be very unusual for there not to be a trigger in your order to stop payment.

Thanks ladies. There doesn’t appear to be a trigger. Going to have a consult with the solicitor.

What does it actually say? Very surprised in no trigger

Unless joint lives order( which is quite rare )

The end of payments are triggered by death of either of us, re marriage, end of the 10 year order, or further court order. I’m assuming the further court order gives him leeway to apply to have them stopped/reduced if my circumstances change which is what I’m seeking advice on. But nothing about cohabitation

Interesting
if I was him I’m 100% seek a variation on cohabitation. Whether or not would be granted i guess is a different matter

@millymollymoomoo your perspective is interesting as you don’t know the full picture of the marital finances or why the spousal maintenance order was made!

I would expect it to stop once your cohabiting, our consent order had it built in. It’s worth consulting a solicitor as he may be able to go back to court and get a variation.

I’d expect him to be able to stop funding your life if you’ve moved in with someone else. He may need to go to court to do it but it seems a reasonable thing for a court ti agree to.

But I'd say the same as @millymollymoomoo. You asked the question without explanation and the answer would be yes if in your agreement but anyone would apply for this if not. Why wouldn't your ex want to change it if your circumstances changed?

You’re corect
but circumstances change
sounds like yours is/has

you asked the question
it seems your order doesn’t specifically state cohabitation. But that does not stop him seeking a variation ( at any time) . For me, I would expect him to seek one. Will he? Well I dont know that. No one is going to want to pay to their ex when they are living with new partner.

hiowever, no one here knows whether a variation would be granted or not.

I guess most people assume you’d got spousal maintenance because of a difference in income.
Why would you still want it if you’re living with another bloke (or woman I suppose)? Do you think your ex should be funding a complete stranger just because they’re living with his ex?

Was there something unusual about your consent order?

I remember with mine, there was a list of things which would cease the SM, and cohabiting for 6 months was one of them. - I remember my solicitor waving her hand dismissively and saying 'that's all standard.'

So, I'm wondering why his solicitor hadn't included it.

This.

He has every right to go to court for change in circumstances, if you co-habit.

It would IMO be highly unlikely that a judge would order your ex to carry on supporting you if you moved in with someone else. And tbh neither should they have to.

I received spousal maintenance from my eXH and even if I’d managed to find work I was intending that he not have to pay it any more even though that wasn’t stipulated in the order. Unfortunately circumstances haven’t worked out that way for me, but had I got a job I absolutely would have stopped it.

I was supported by my ex because I wasn’t in a position to support myself.

Thanks for all the comments, and sharing experiences/views.

It was a very long marriage and I gave up my career to enable a move abroad to further his for a significant amount of time where I was not allowed to work (visa requirements). Three (now grown up) DCs from marriage.

He is a very very high earner. There was not enough ready capital to a clean break (too much tied up in pensions) therefore the equity split was far more even than it would have been had this been possible. Hence the spousal maintenance.
If a clean break had been possible the equity split would likely have been an extra 250k in my favour which I would have used for income for the 10 year period which takes me (almost) to retirement. The 10 year spousal maintenance pretty much adds up to this.

I am 53 divorce was finalised 3 years ago.

He’s still entitled to seek a variation of circumstances change

to be successful I think he’d have to demonstrate a material chsnge / such as him losing his job or you coming into money etc. so whether he’d be successful no one here knows

ate you doing anything to improve your own circumstances?

The difference between co habiting and marriage is that you are still independent financially, unless you choose not to be. Property and income are not legally shared unless you take steps to make it so.

Pretty old fashioned to presume that a co-haunting woman is financially supported by her new partner.

(I have no idea what the legalities of Maintenance are).

Is he in a better position to pay a lump sum now? Seems unfair if you are disadvantaged over what was effectively a cash flow issue, and he is paying what you were due over a more extended period.

Pretty unpalatable that you expect to claim SM when living with someone else… it’s like some people have no shame.

@lickenchugget not really, read OPs update about why there wasn't a clean break

@StageRage that is my argument. He wouldn’t be able to claw back clean break money just because I choose to co habit or even marry. I know there is legal precedent for the points you make

Just because you didn't have a clean break it doesn't mean it won't stop.

He would every right to go to court for a variation with a change in circumstances.

Given your update, it would be unfair if your sm was stopped, since essentially it just seems like it's your asset split spread out.