Cohabitation after divorce in Mississippi may equal termination of alimony
Living with your boyfriend may cut off alimony payments from the ex in Mississippi
Here is a common scenario. Husband and wife divorce in Mississippi. The court orders the husband to pay periodic alimony of $500 per month until the death of either party, the remarriage of the wife, or further order by the court. A year after the divorce, wife is in a serious relationship with another man and they decide to move in together. Should the husband have to continue making alimony payments to the ex-wife given she is now living with another man? The Mississippi Supreme Court answered that issue.
In 1994, Mississippi adopted a more modern approach to terminating alimony when the recipient spouse is cohabitating with a person of the opposite sex. Hammonds v. Hammonds, 641 So.2d 1211 (Miss. 1994). As opposed to automatically terminating the alimony if cohabitation was proven (the old view based mainly on moral principles), the Court reasoned that one must also show there is mutual financial support in the relationship which changes the recipient spouse’s financial needs. Put more succinctly,
Modification of alimony may occur upon the existence of a situation of mutual support between the recipient spouse and another individual which alters the recipient spouses’ financial needs.
Scharwath v. Scharwath, 702 So.2d 1210, 1211 (Miss. 1997).
However, it can be difficult to prove the recipient spouse is receiving financial support from the other individual. Recognizing this difficulty, the Court adopted an evidentiary presumption.
Proof of cohabitation creates a presumption that a material change in circumstances exists. This presumption will shift the burden to the recipient spouse to come forward with evidence suggesting that there is no mutual support within his or her de facto marriage.Scharwath at 1211.
Thus, if you are the recipient of periodic alimony and thinking of living with your future mate in hopes of alimony continuing, you should understand that your ex-spouse may be justified in taking you back to court to seek termination of the alimony.
