Maintenance Awards - Can They Be Terminated?

The law of maintenance can be extremely complex. Take notice of the following case law factors and how they may apply to your particular situation:

Termination of maintenance may not be effected prior to the date a petitioner received notice that a petition had been filed. A determination of the effective date of termination is a matter within the court's discretionary authority. The termination of maintenance on the basis of the payee's cohabitation with another on a resident, continuing conjugal basis became effective when the petition for termination was filed.

Other factors that the court will consider include the financial interaction between the interested parties in a petition for termination of maintenance; that factor is not controlling; if the court finds the required cohabitating relationship exists based on its assessment of the totality of the circumstances, it need not make any specific finding as to the maintenance recipient's financial need.

Another important consideration in evaluating payment of maintenance to an ex-spouse cohabiting with another individual, divorced from the morality of the conduct, is whether the cohabitation has materially affected the recipient spouse's need for support because she either received support from her co-resident or used maintenance moneys to support him.

As always, consult with an experienced family law attorney prior to petitioning the court. It may be that the award is not modifiable under the present circumstances. Additionally, the expense of litigation has to be considered prior to beginning the fight. It is often best to allow the order to stand.

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