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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My wife and I are currently going through a divorce. She was

Customer Question

my wife and I are currently going through a divorce. She was the one who left the marriage and actually went through a commitment ceremony with her girlfriend. She is now asking for spousal support. Since she is living with some she calls her wife, can this prevent her from receiving spousal support?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: we currently reside in New Mexico
JA: Is there anything else important you think the Family Lawyer should know?
Customer: no can not afford an attorney
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.

Cohabitation can sometimes (but not always) stop spousal support. When a supported spouse starts living with someone and acts as though they are a married couple, a judge may end or reduce alimony to the supported spouse if the supported spouse no longer has a financial need or has a reduced financial need because of contributions from his or her cohabitating partner.

Also, cohabitation is hard to prove, and if the supported spouse does not agree to reduce or change alimony, the paying spouse will have to convince a judge that cohabitation is happening and that a reduction or termination of support is justified.

Do you have any other questions?

Customer: replied 1 year ago.
does this apply to the state of new mexico? i have pictures of the commitment ceremony, is that enough proof?
Expert:  S. Kincaid replied 1 year ago.

Yes. This information is specific to New Mexico. A picture of the commitment ceremony would be strong evidence, but it always depends on the totality of the evidence.