Alimony is always a difficult subject in a divorce. As needed as it often is, when emotions run high, alimony can be a touchy subject for both sides. But there are circumstances in which alimony, once ordered by the court, should be modified. Here is what you need to know about alimony modification and termination in Muskogee.
Alimony Modification in Muskogee
That statute specifies alimony payments end when the receiving spouse either dies or gets remarried. Payments can be terminated automatically unless the underlying divorce decree is a consent decree. If that is the case, then alimony ends according to the terms of the consent decree.
Thus, in this scenario, if the ex has remarried, you can show the court that your ex has remarried and request that alimony be terminated. Thus, if you find out that your ex has remarried, you should immediately bring a motion before the court to terminate alimony.
The court will likely find in your favor unless your ex can show that some amount of support is still needed, and that circumstances have not rendered alimony payments to be inequitable. Your ex must make that showing to the court within 90 days of the remarriage.
If your ex is cohabiting with a person of the opposite sex in a private conjugal relationship, you can seek modification of the alimony order if there is proof of substantial change in circumstances related to the need for support. This is done on a motion from the court. A court will look to see if the cohabitation has produced a favorable impact on your ex’s financial condition. If there is a substantial favorable impact, the court will likely modify alimony.
Your Muskogee divorce attorney can help answer your questions and help you with the filing and representation at this court hearing. Get the help you need today.
Confidential Consultation: Muskogee Divorce Attorney
If you’re considering all of your options at the moment and need to know how best to handle the issues you will face, call an experienced Muskogee divorce attorney today at (918) 913-0725, or toll-free at 1 (888) 447-7262 (Wirth Law).
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