Terminating Alimony for Ex-Wife with Same-Sex Partner
Can you terminate alimony if your ex-wife has moved in with a same-sex romantic partner? Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma, and I focus on fathers’ rights. I’ve been practicing family law for about 25 years. This is a question I’ve received more frequently in recent years, and it’s an important one to address. Under Oklahoma law, the statute that allows for termination of alimony based on cohabitation specifically refers to cohabitation with an opposite-sex romantic partner. It even uses the terms man and woman cohabiting.
Considering Same-Sex Partnerships in Alimony Termination
So the question is: In modern times, should a same-sex romantic relationship be treated the same way for purposes of alimony? I would argue—yes, it should. Even if the statute doesn’t expressly include same-sex partners, you can still make a strong equitable argument: If your ex-wife is now living with a romantic partner who contributes to her household expenses, her financial need has changed. And because alimony is based primarily on need and ability to pay, the court could determine that your obligation should be reduced—or terminated altogether.
Practical Considerations and Potential Outcomes
I haven’t had this specific issue go all the way to trial yet. In some cases, it turned out there wasn’t actual cohabitation. In others, the parties resolved it without litigation. In one case, the ex-wife acknowledged that she was in a same-sex relationship and agreed to terminate alimony, recognizing that her situation had changed. That’s what happens when you have more amicable post-divorce dynamics—but of course, that’s not always the case.
Get in Touch for a Consultation
I hope this helps. If you have questions about this or any other family law issue, give Tulsa alimony attorney Clint Hastings a call at 918-962-0900. We’d be glad to talk with you and offer a consultation. Thanks.
