Can my alimony get terminated if I live with my boyfriend?
I am a divorcee and have been getting a fixed amount as alimony on a monthly basis from my ex-husband. I have a boyfriend but we have no plans of getting married in the near future. Sometimes my boyfriend comes to stay with me at my apartment, but that is only for a few days or a week. We have never been in a continuous live-in relationship. Last week my ex-husband came home n found my boyfriend at my apartment. He is now saying that he would go to the court and get the monthly alimony payments terminated as my boyfriend is living with me. Is an on and off live in relationship, a ground for terminating the alimony amount? I am resident of South Carolina.12/19/2016 | Category: Divorce » Alimony | State: South Carolina | #28378
“If the court awards the custody of the children to the spouse receiving alimony the court, by its decree, unless good cause to the contrary be shown, shall allocate any award for permanent alimony and support between the supported spouse and the children and upon the remarriage or continued cohabitation of the supported spouse the amount fixed in the decree for his or her support shall cease, and no further alimony payments may be required from the supporting spouse.”
The S.C. Code Ann § 20-3-150 also defines term “continued cohabitation.”
“ For purposes of this section and unless otherwise agreed to in writing by the parties, "continued cohabitation" means the supported spouse resides with another person in a romantic relationship for a period of ninety or more consecutive days. The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement.”
Generally, an amount fixed as alimony may be terminated under S.C. Code Ann. § 20-3-150 only if there has been a continued cohabitation of the wife with her boyfriend for a minimum of 90 days or more. However, if there is an evidence supporting that the wife has been living with her boyfriend for periods of less than 90 days and the wife and her boyfriend have periodically separated in order to circumvent the ninety-day requirement, then the court may regard such cohabitation as a continued cohabitation.