I am beginning to regret that I got divorced. I am thinking of living with my “ex-again” without remarrying. If I do, and it doesn’t work out could it affect my divorce agreement. My friends warn me to be careful as I could lose out. Under my divorce agreement my husband has to pay me maintenance until I marry someone else. They say I could lose my maintenance.
By: דיאנה שאלתיאל•Published on: 10 May, 2022If you live with your “ex” and then split up you could be endangering your rights, depending on the exact circumstances. If the matter were tested in court it is likely that your behaviour would be construed as implied consent to the cancellation of your “ex’s” maintenance obligation towards you. This would mean that this part of your divorce agreement would not be valid, even if the agreement was authorised in court and incorporated into a judgment. As regards any maintenance for your children, this would remain unaffected.
Alternatively, a possibility exists that the court would hold that the agreement about the maintenance was effectively frozen during your reconciliation but that it would become effective again if you split up again and would cease only if you re-married.