X and Y entered into a settlement agreement upon divorce which provides that X will pay maintenance to Y until death or remarriage. Y moved in with Z after a priest blessed their relationship because they did not want “to live in sin”. Based on the settlement agreement between X and Y, can X stop paying maintenance to Y?

Question

Answer

No, parties may not limit maintenance in a settlement agreement until “remarriage”.

Answer

Yes, the cohabitation is marriage-like and therefore qualifies as “remarriage”.

Answer

No, only a valid marriage will terminate X’s duty to pay maintenance.

Answer

It is uncertain whether X can stop paying maintenance because it is unclear whether openly cohabiting as husband and wife qualifies as “remarriage”.

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X and Y entered into a settlement agreement upon divorce which provides that X w...

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