FAMILY LAW TEXAS

IF MY EX-WIFE MOVES IN WITH ANOTHER MAN WITH WHOM SHE HAS AN INTIMATE DATING RELATIONSHIP, CAN I TERMINATE HER CONTRACTUAL ALIMONY?

Family Code (2014-15) Chapter 8; Section 8.056 offers the conditions as follows: (a.) Obligation terminates on the death of either party or on the remarriage of the obligee. (b.)Moreover, the court shall order the termination of the obligation if the Court finds that the obligee cohabits with another person with whom the obligee has a dating or romantic relationship in a permanent place of abode on a continuing basis.

(c.) Also, Termination of the maintenance obligation does not terminate the obligation to pay any maintenance that accrued before the date of termination.

In re L.T.H., 418 S.W.3d 876, 882 (Tex. App.–Dallas 2013, pet. denied)  “[Wife] argues contractual alimony is not subject to termination for cohabitation under § 8.056 . . . [Husband's]spousal support obligation arises out of the Reformed. . .Divorce Decree, as modified by the Mediated Settlement Agreement (hereafter “MSA”); his obligation is not court-ordered spousal maintenance governed by Ch.8. . .  In the MSA, [W]and [H] agree that [H] would pay [W] alimony . . . ‘to continue until her death or remarriage.’  Neither the Reformed .  .Divorce Decree not the MSA provide that[H's] spousal support obligation shall be terminated int event of [W's] cohabitation.  Because the Reformed. . Divorce Decree and the MSA were founded upon settlement agreements reached by the parties, the trial court had no power to supply terms, provisions, or conditions not previously agreed by the parties.”