forklift
Bronze
Reged: 03/24/06
Posts: 28
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My ex and I have been divorced a little over a year here in MT. The divorce decree was very "plain jane" - this is a no fault state. So the decree simply says who gets what and states that I pay support for a four year period and that's basically it. No kids involved. I argued to have a statement in there about support stopping should she remarry prior to the end of four years; she fought hard and long against that - and I finally just said the heck with it - I was advised that here in MT, it's pretty much a given should she remarry.
Through the grapevine (because she isn't going to tell me), I heard she did remarry last week. I have confirmed that this is true. I was maintaining a lifestyle she was accustomed to, but now she's chosen a new lifestyle. What's the next step - get an attorney and get a modification to the decree? I know she's going to fight this, because she's getting an awfully big sum of money from me every month - much more than what "she was accustomed to".
Any thoughts or suggestions?
Thanks in advance.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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Get a lawyer and fight for termination of the spousal support obligations , barring an agreement to the contrary , alimony terminates on the marriage of the obligee( her ) .
The applicable section from the Montana Statutes is this :
4) Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Sarah1014
Platinum
Reged: 04/12/07
Posts: 2165
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Yes, it's a DEFINATE. Man, you are so damn lucky! I wish my boyfriend's X would remarry.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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BTW , the sooner you do this , the better of you are . The alimony will only be terminated from the date of your petition , not from the day she married .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Sarah1014
Platinum
Reged: 04/12/07
Posts: 2165
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Yes, get your A$$ there yesterday!!!
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KGrow
Platinum
Reged: 01/27/06
Posts: 3070
Loc: Colorado
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If there's nothing expressly requiring you to continue payments in the event of her remarriage, I'd say the deck is stacked in your favor.
You might consider simply discontinuing the payments. She might come after you. She might not consider it worth fighting for. Worst case, hiring a lawyer to keep her at bay until the term is up may be less expensive than paying the alimony.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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He's obligated to continue to pay until ordered not to by a judge .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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KGrow
Platinum
Reged: 01/27/06
Posts: 3070
Loc: Colorado
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Forgiveness is more readily granted than permission.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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She may fight the petition but in the end would lose and he would still be required to pay any amounts that accrued until legally ordered to stop . He SHOULD request his legal fees in any action .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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