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Common law marriage & alimony

Discussion in 'Alimony & Spousal Support' started by mjmurdoch18, Aug 19, 2009.

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  1. mjmurdoch18

    mjmurdoch18 Law Topic Starter New Member

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    My jurisdiction is: Iowa

    Background: My divorce was finalized in Sept. 2008 and my alimony stopped in March, 2009 due to my ex's severance package ending. During mediation, we agreed to alimony on a sliding scale based on his & my income. Our divorce decree states that my alimony ends at age 60, I remarry or die. Nowhere does it state I lose it if I cohabitate with a man. I plan on moving in with my love next year and eventually we would become "common law". I'm hoping at some point, the ex gets another job and my alimony begins again. My question is this - would my ex have legal grounds to fight giving me alimony just because I'm living with someone? My concern is if I were to take his last name (which I would like to do), be covered under HIS health insurance, etc..that the ex would say I was "living" as a married woman. Wouldn't the divorce decree stand in a court of law as long as I am not "legally" married?
     
  2. Duranie

    Duranie Moderator

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    If there is no remarriage or cohabitation provision then your ex is still obligated to pay. Now, he can still TRY to get it stopped or reduced but doubtful he would be successful.
     
  3. mjmurdoch18

    mjmurdoch18 Law Topic Starter New Member

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    There IS a remarriage provision, but not a cohabitation provision. But, I didn't think if I was actually legally married again that there would be anything he could do.

    Thanks!
     
  4. Duranie

    Duranie Moderator

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    If your state recognizes common law and you and your boyfriend agree to enter into a common law marriage, the alimony may stop. If there is no co-habitation provision and you do not common law, then you are probably ok. It would be really unwise for you to take on your boyfriends last name..it would be easy to prove common law then. Living with someone does not mean, or prove common law but taking his last name would be a start.
     

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