What Happens to Alimony When Exes Get New Partners?

After a divorce, you may have been ordered to pay alimony. The justification for alimony is to help bridge the financial gap between the former partner’s married life and their post-divorce situation. If the paying spouse begins dating someone new, this generally has no impact on their alimony obligations. However, if the spouse receiving alimony begins cohabiting with a new partner or remarries, alimony commitments can change. Here is what to know about alimony once exes move on.

About Alimony in Massachusetts 

Alimony is financial support that one spouse pays to the other after a divorce or separation. Massachusetts recognizes four distinct types of alimony. Each is designed to address different financial circumstances following a divorce. 

General Term Alimony– Ongoing payments to a financially dependent spouse, often based on the length of the marriage, with longer marriages resulting in longer payment periods. 

Reimbursement Alimony- Repays a spouse for contributions made during the marriage (e.g., supporting the other spouse’s education or career).

Rehabilitative Alimony– Temporary support while a spouse gains skills or education needed to become self-sufficient. 

Transitional Alimony– Short-term support to help a spouse adjust to a new lifestyle or location. Typically paid in a lump sum or installments. 

When determining alimony, Massachusetts courts consider several factors, including the length of the marriage, each spouse’s income and earning potential, the standard of living established during the marriage, and the financial needs and resources of both parties. Judges also examine specific expenses, such as childcare, healthcare, and other obligations.

When Alimony Ends

Generally, alimony is not indefinite. Its length is often determined based on the length of the marriage. When that time period has expired, then alimony will terminate. There are other conditions, however, that can cause alimony to terminate. One example is if the recipient spouse remarries or is cohabiting with another individual. General term alimony may be reduced, suspended, or terminated if the recipient spouse lives with another person in a continuous, supportive relationship for at least three months. The justification for this is that the recipient no longer needs alimony because they are sharing household expenses with another person.

Simply living with someone is not enough to change alimony. The court will take a closer look at your ex-spouse’s financial arrangement with their new partner, such as whether they are splitting bills or depending on each other for financial support. What truly matters is whether their finances are connected in a way that reduces your ex-spouse’s need for alimony.

Something else to keep in mind: Alimony can be reinstated. Suppose your ex begins cohabitating and sharing expenses with their new partner, but the relationship sours and your ex is back in the same financial situation they were when the original alimony order was in place. If the recipient ends the cohabiting relationship, alimony may resume, but only for the remainder of the original alimony term.

It is important to note that, even if your ex-spouse has remarried or is cohabiting with a new partner, your obligation to pay alimony does not automatically end unless those circumstances were explicitly addressed in the original divorce judgment. If the original judgment does not contain language terminating alimony upon remarriage or cohabitation, you must file a formal request with the court to seek a modification.

Requesting an Alimony Modification

To request a change in alimony, the party seeking the alimony modification must file a “Complaint for Modification” in the same county where the original judgment was issued. The complaint must also be properly served on the other party. The requesting party must provide evidence of a significant change in circumstances to justify the modification. This may include updated financial statements, medical documentation, or records showing a change in employment status.

Gathering evidence of cohabitation is a critical step when seeking to modify or terminate alimony based on a recipient’s living situation.

• Social media posts showing a shared household or public relationship
• Financial records (bank statements, leases, bills) showing shared expenses. Typically acquired via subpoena
• Witness statements or investigator affidavits documenting cohabitation

A judge will then review the evidence and decide whether to reduce, suspend, or terminate alimony. 

However, it is important to first understand what cohabitation is under Massachusetts law.

Cohabitation Defined

The critical language in the Alimony Reform Act regarding cohabitation focuses on the requirement that the paying spouse must prove the existence of a “common household” between the recipient spouse and a new romantic partner. The statute defines a common household as a situation in which individuals share a primary residence, whether or not others are present.

In determining whether a common household exists, the court is permitted, but not required, to consider several factors.

• Whether the couple presents themselves publicly as a committed pair
• Shared expenses, bank accounts, or lease agreements
• Evidence of financial interdependence
• Presence of tangible benefits to one or both individuals in the relationship
• The roles they play in maintaining a shared household
• How the couple is perceived within the community

While no single factor is dispositive, the court evaluates the overall picture to determine whether the relationship justifies suspending, reducing, or terminating alimony.

Contact a Massachusetts Alimony Attorney 

If you are currently paying alimony and believe your ex-spouse has remarried or is cohabitating with a new partner, you may be entitled to seek a reduction or termination of your alimony obligations. A knowledgeable Massachusetts alimony attorney can help you assess your situation, gather the necessary evidence, and guide you through the legal process. Contact our office today to discuss your options.