Legal Question in Family Law in Kansas

Can u cohabitate while receiving allamony?If a exhusband not have to pay.

Asked on 12/01/11, 6:39 pm

1 Answer from Attorneys

Rian Ankerholz Ankerholz and Smith

The terms of the divorce will control that issue. Some spousal maintenance (formerly called alimony) awards are guaranteed as to duration, and are not terminable even if cohabitation occurs.

However, most spousal maintenance awards are terminable if cohabitation is proven. In Kansas, the only case of which we are aware wherein maintenance was successfully terminated, and the trial court's decision was upheld by the Kansas Court of Appeals, is In re Marriage of Solar, 240 P.3d 626 (Kan.App. 2010). Although our law office was successful in handling that case, cohabitation is quite difficult to prove. That is because cohabitation is not "just" living together. The definition involves both parties assuming many marital rights, duties and obligations which are usually manifested by married people.

Consult an experienced family law attorney.

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Answered on 12/02/11, 9:47 am

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