Terminating Spousal Support When Ex-Spouse Move On (and in)
Under Virginia law, a spousal support obligation may be terminated if the former spouse receiving support remarries or if it is shown “upon clear and convincing evidence” that he or she has been habitually cohabiting with another person in a relationship analogous to a marriage for one year. If the new couple is unmarried, the support-paying former spouse must show that the recipient ex-spouse actually lives with her/his romantic partner. Evidence that the payee former spouse still maintains a separate home and merely visits the partner frequently would undermine such a showing. Also, keep in mind that couples facing divorce can tailor their own provisions as to spousal support termination by negotiating and entering into property settlement agreements which may be unmodifiable and/or not terminable by a Court. It is important to consult an attorney before signing any agreement including pertaining to spousal support.