If the ex-wife cohabitates with another man, can the alimony be terminated?
I am a resident of Alabama. I got divorced 3 years ago. From then onwards I am providing periodic payments of alimony to my ex-wife. Now she is cohabitating with another person for the last 6 months. Can I move to terminate the alimony? Is there any provision to reimburse the alimony already paid?12/28/2016 | Category: Divorce » Alimony | State: Alabama | #29006
“Any decree of divorce providing for periodic payments of alimony shall be modified by the court to provide for the termination of such alimony upon petition of a party to the decree and proof that the spouse receiving such alimony has remarried or that such spouse is living openly or cohabiting with a member of the opposite sex. This provision shall be applicable to any person granted a decree of divorce either prior to April 28, 1978, or thereafter; provided, however, that no payments of alimony already received shall have to be reimbursed.”
With regard to the alimony already paid, Code of Ala. § 30-2-55 provides that, “ no payments of alimony already received shall have to be reimbursed.”
Thus, per this section a spouse may be relieved from the obligation to pay alimony if the spouse who receives alimony starts living openly or cohabits with another person.
However, the spouse may not be entitled to a refund of any alimony s/he has already paid for that period. Therefore, you can move the court to terminate the alimony, but may not be entitled to get reimbursed the alimony already paid.