Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is ***** ***** I'll be glad to assist.
Spousal maintenance awards can be modified pursuant to Minn. Stat. § 518A.39. In order for modification to occur, the court must determine that, based on the statutory criteria, the existing spousal maintenance order is unreasonable and unfair.
The Minnesota Supreme Court has made it clear that “cohabitation, by itself, ‘is insufficient to justify the termination of alimony,’ but that a maintenance recipient’s cohabitation should be considered to the extent that it ‘might improve [the recipient’s] economic well-being.’” Spencer v. Larson quoting Mertens v. Mertens.
Thus, if you can prove to the court that the cohabitation actually provides a financial benefit to the ex-spouse, then you could get the court to reduce or even eliminate your support obligation based on the benefit she's receiving from the co-habitation.
In order to get this moving, you'd have to file a motion to modify or cancel your support obligation based on the co-habitation and cite in your motion that your ex is benefitting financially from the co-habitation and that you should, therefore, be relieved of your obligation to support her.