New Partner / Spousal Maintenance

[SteveyA]

Hi all


My ex-wife had an affair 2 years ago and is still with this guy who regularly stays over at the former marital home even when my children are present.  

I have settled my divorce and agreed to pay £250 per month spousal maintenance over 3 years (£3k per year).   She has stated via solicitors & on the consent order that she has no intention of co-habiting but I know he stays over at least 3-4 nights a week.  My children also confirm he makes terrible porridge!!

I don't care he stays there but I transferred the house to her for a small lump sum to safe guard the kids and on the assumption it would be for her and the children as a single mum, not to set them up.  

The agreement is spousal maintenance ends if she co-habits for 3 months but other than knowing he stays over a few nights a week, how could I possibly prove he is co-habiting??

He won't ever be on bills, council tax or electoral etc and would support her with cash / buying groceries etc.  I haven't yet but would rather stop the spousal maintenance payments but this would be a breach of the signed consent order and I have no physical evidence to prove otherwise.  

I would rather have the £9k in my bank over 3 years than hers!!!

Any advice would be welcome.  
Thanks

[Charlie7000]

Tricky. I guess if he isn’t living there full time and has a place of his own she can say it is not cohabiting. People try and get round things. My ex lives in a separate house to her husband across the road. They actually live together but claim they live in separate houses and have a house each in their separate names. I think it’s a benefits thing with her.

I would give it a bit more time. Technically cohabiting would be full time living together.

[SteveyA]

(11-01-2019, 12:15 AM)Charlie7000 Wrote: Tricky. I guess if he isn’t living there full time and has a place of his own she can say it is not cohabiting. People try and get round things. My ex lives in a separate house to her husband across the road. They actually live together but claim they live in separate houses and have a house each in their separate names. I think it’s a benefits thing with her.

I would give it a bit more time. Technically cohabiting would be full time living together.

Thanks Charlie7000

I agree it's tricky.  I will bide my time until I get more confirmation but she knows her benefits and my spousal maintenance will alter if she does, she think she will but plans to hide it.

[Tom_W88]

hire a private detective :-)