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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10284
Experience:  Experienced Family Law Attorney
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My current partner has been legally seperated few years.

Customer Question

My current partner has been legally seperated for a few years. He has been living with me while supporting his x-wife and two teenage children. I recently have had two children with him (two under two) and we are going to get married. He is turing the legal seperation into a divorce as we speak.
My question is.. As soon as we are married, can the xwife come after my salary details in order to request more alimony for herself?
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
Thank you for your patience as I researched this.
There is no authority in the statute to consider the paying spouse's new spouse's income (and most courts find this to be against public policy, because it is not expected for a third party to support the divorced parties).
http://www.cga.ct.gov/2011/pub/chap815j.htm#Sec46b-86.htm
Factors to be considered per 46b-86: the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate and needs of each of the parties
Judicial bench book does not provide any authority for this: http://www.jud.ct.gov/lawlib/notebooks/pathfinders/alimony/alimony.pdf
The only case I could locate that discusses cohabitation deals with the recipient spouse -
DeMaria v. DeMaria, 247 Conn. 715 (1999)-modification permitted of an alimony order on grounds that the recipient is "living with another person" only if the new living arrangement causes a change of circumstances so as to alter the financial needs of that party.
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