Ex collects alimony & rent while living with BF

Q . I just discovered my ex moved in with her boyfriend last summer and has been renting out our home to her cousin. I pay $5,000 per month alimony and am obligated to permit her to live in our home until our youngest, a freshman in college, completes her degree. We share the mortgage and expenses for the house and it is supposed to be sold once Lucy graduates. The monthly expenses are about $2,000 each.

I know I can stop paying alimony now that my ex is living with her boyfriend but it seems completely unfair that she has been pocketing my alimony for the last 9 months, collecting $3,000 per month rent and I am paying half of the monthly mortgage. Do I have any recourse? A . First of all, you can probably stop paying alimony but don’t self help or you will find yourself on the wrong end of a complaint for contempt.

File a complaint for modification asking to terminate alimony retroactively to six months ago when she first moved in with the boyfriend. You will need to prove they are sharing a “common household” — evidence that your alimony is no longer needed because of the nature of her new relationship. Have no fear, you can file your modification complaint then do a bit of discovery to get the needed information to prove your point.

You can request documents from your ex and take her deposition asking her how long she has been in a relationship with him, who pays what, exactly when she moved in with him, where Lucy goes when she is home visiting mom from college, etc. Find witnesses who can testify that they hold themselves out in the community as partners.

You can ask the judge as part of the modification action to revisit the house provision since she is clearly not living there with Lucy and, instead, benefitting from a new stream of rental income. Ask for half of the rental income she received while you were paying half of the house expenses going back to the date her cousin began occupying the house. If necessary, you can take the cousin’s deposition and ask for production of the lease and records of all rental payments made.

The judge has equitable powers to resolve situations like this and for sure, it is not equitable for you to maintain a house your ex is renting out while continuing to subsidize her lifestyle with her boyfriend.