Even people who have never been through a divorce are usually aware that someone who receives alimony (referred to as “maintenance” under New York Law) is no longer entitled to payments once they marry someone else. Technically, an ex-spouse’s obligation to make payments can be terminated once their former husband or wife moves in with a new romantic partner, even if they are never wed.
The language in New York Domestic Relations Law (DRL) Section 248 allows a payor spouse to petition the court to terminate alimony if the recipient is “habitually living with another person and holding himself or herself out as the spouse of such other person.” While this might reflect a previous generation’s indirect method to describe a non-marital sexual relationship, the text of DRL 248 seems out of touch with modern society.
In cases where a payor ex-spouse seeks to reduce or eliminate their alimony obligation, they have the burden of proof to show that the statutory criteria have been met However, it’s difficult to pinpoint what exactly constitutes holding oneself out as a new partner’s spouse. The following scenarios could trigger confusion:
- Roommate companions — Two people might live together and share expenses without maintaining any type of romantic relationship. This frequently occurs among seniors. Given that an alimony recipient in this case might have substantial help meeting their financial needs, their ex-spouse might seek termination though the parties are not purporting to be spouses in any way.
- Cohabitation without financial ties — Even when a romantic relationship is present, a couple might live together without being financially interdependent.
- Financial interdependence and romantic commitment, but no marriage — When DRL was enacted in 1938, divorce laws and social mores were much different. Today, many couples cohabit and have long-term relationships without ever considering marriage. In some cases, one of the parties might even be wed to someone else, making legal marriage impossible between the couple despite the fact that they share income and financial obligations
Observers, and even judges on New York’s highest court, have noted that DRL 248 should be updated to conform with the way we live today. Until that happens however, you’ll need seasoned New York divorce lawyer to assess whether an alimony obligation is likely to be terminated given the specific circumstances of your case.
Bryan L. Salamone & Associates, P.C. handles a full range of matters related to spousal maintenance for Long Island clients, including termination and modification requests. To discuss your situation, please call 631-388-6009 or contact us online.