can you sue for alimony re-imbursement

[lanaz]

My fiance's has been paying alimony for 3 years. We just found out she has been remarried for 30 months. He has paid 40,000 dollars in the last 30 months, and just stopped paying alimony because he finally found out she has been remarried. Can he sue her for fraud and get some of his money back? She said she didn't tell him, because he would stop paying the alimony. Well duh! What can he do?????

 

[Duranie]

does the decree say that alimony is to stop when she is remarried? If so he might have a case to get some of it back but it will be hard to get her to actually repay it. He should see an attorney.

 

[lanaz]

the decree just said alimony for 3 years. But, I thought Colorado law is once the person getting alimony is married it stops. So if she got re-married and never told him, wouldn't that be fraud?

 

[Duranie]

I am not sure if there is a law that specifically says a re-marriage stops alimony but if he did not have it put in the decree that it is to stop, he is probably on the hook for paying it until the 3 years is up.

He can discuss this with local counsel.