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exwife gets half retired pay if she cohabits can anyone besides

exhusband file to stop payment...
exwife gets half retired pay if she cohabits can anyone besides exhusband file to stop payment
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7/16/2013
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,690
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Co-habitation would not typically impact retired pay, since it is awarded as property and not support (alimony)

If the retired pay was awarded as alimony, then the ex could file for a reduction in support based on cohabitation...but again, unless the judge awarded the retirement as alimony and not property (wich would be unusual) the court will not touch the award, since it is property (like a 401K) and is not impacted by post marital conduct.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,690
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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P. Simmons and 87 other Military Law Specialists are ready to help you
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Customer reply replied 4 years ago

i need to know specifically if a grown child can file to stop alimony retired pay for parent cohabiting other than ex spouse filing

It depends on the state...what state was the order issued in?
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Customer reply replied 4 years ago


issued Alabama1990 after 28yrs married.

Thank you

Under AL law, only the ex will have standing. So only the ex can raise a claim with the court to modify the alimony order.

A child is not able to file a motion...well...they could, but the spouse would be able ask the court to dismiss due to "lack of standing" and the court would grant this motion.

BotXXXXX XXXXXne: only the ex spouse can file this motion with the court.

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