JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Legal

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

11 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Legal Topics:

  • Alimony
    • ,
  • May
    • ,
  • Man
    • ,
  • File
    • ,
  • Safe
    • ,
  • Word
    • ,
  • West
    • ,
  • Based
    • ,
  • Court
    • ,
  • Death
Bookmark and Share

Question

If you cohabitat with another man in the state of West Virginia for 4 years and receive substantial alimony from an ex-husband who lives in VA, can he legally do anything about that? In divorce decree it does not state anything about that only if death or remarriage. Is this a concern?

Submitted: 184 days and 21 hours ago.
Category: Legal
Value: $15
Status: CLOSED
+
Read More

Optional Information

State/Country relating to Question: Virginia

Already Tried:
My husband is paying substantial amount of money to an ex-wife and now has lost his job. She is ruthless and wants her money! Dont have it, loosing our home, vehichle, and feel helpless!! She has received over 150,000 in the last 4 years and has 4 more years to pay. She has been living with the same man since the divorce and now has a home, new car, new camper and is very well set! We are about to loose it all due to paying her and can no longer pay her! Can this be in our favor at all?

Accepted Answer

<p>Dear XXXXXXXXXXX - If the decree only says death or remarriage then cohabitation does not apply. To say you have nothing to be worried about is not necessarily the case since the ex husband could file a motion to have your cohabitation be interpreted as a defacto marriage. I'm not saying he would be successful but you would at least have to go to court to defend the action. </p><p> </p><p>Based on the language of the decree I would say you are relatively safe but I can never predict court rulings by specific judges. Most decrees will include cohabitation along with remarriage but if it's not there then you have a good defense to any action he may bring.</p><p> </p><p>Dave Kennett</p>Dave Kennett40072.6255886574

Picture
Expert: Dave Kennett
Pos. Feedback: 99.6 %
Accepts: 5513
Answered: 9/16/2009

Lawyer (JD)

25 years experience in general law, including real estate, criminal, traffic, and domestic relations

Posted by Dave Kennett 184 days and 21 hours ago.

Answer

<p>Sorry, I couldn't see your additional information until now and I thought you were the person receiving the alimony. My answer is basically the same with respect to the decree. Your husband's lawyer should have included the word "cohabitation" in the alimony terms and he may have a case of malpractice against his attorney. He can try to use the argument of a defacto marriage but I doubt it will be successful.</p><p> </p><p>Dave</p>

+
Read More

Related Legal Questions

  • My sister borrowed $4,500 from me when I received a settleme...
  • My 20 ft trailer was stolen from my property and reported st...
  • judge wont release me because of x girlfriend in drug cour
  • My home flooded from a backed up rain water pipe on 6/4/09.
  • hello...there is a web site, www.stylish999.com who has st...
  • My son hit a pedestrian, not criminally charged by police.
  • i got a dwi in jan 2009 when will go off my record?
  • I live in the state of Florida. I received a check in the am...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2010 JustAnswer Corp.