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Should my husband still have to pay maintenance to his ex-wife when she is co-habiting?
My husband has been paying spousal maintenance to his ex-wife for the last five years but for the last three of those years she has been co-habiting with her partner and they now intend to move to their house in Portugal together. There are three children, one of who is over 18. Does he have to continue to pay this?
It depends on the terms of the Court Order but if her circumstances have changed since the Order was made, he should apply to vary it. Sometimes a Court will think it appropriate to commute the rest of the maintenance to a lump sum, in other circumstances they can reduce or remove it altogether - it all depends on her financial circumstances compared to his.
He will remain liable to pay maintenance for any dependent children, but this would normally be via the Child Support Agency and they will not be able to enforce any assessment they have made if she lives in Portugal.
Please let us know if your husband would like details of the cost of applying to vary a maintenance Order.
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