Should Spousal Support Continue If The Ex Goes To Prison?

Andrew and Patricia Craissati divorced. Andrew was ordered to pay spousal support in the final decree of divorce.

Under the terms of their divorce, Craissati could stop alimony payments to his ex-wife if she “remarried or was deemed to have lived with a cohabitant for at least three months.”

Patricia, bless her heart, is serving nine years in prison due to a driving under the influence accident. Must have been quite the accident.

Andrew petitioned the courts for modification of spousal support stating that his ex-wife’s cell mate should be considered a cohabitant. The courts agreed with Andrews claims that his ex-wife was indeed cohabitating and in doing so forfeiting her right to spousal support.

Needless to say, The ex Mrs. Craissati’s attorney is upset and fears such a ruling will have a negative impact on the “local legal community.”

"It goes to show the most winnable case is losable and the most losable case is winnable," the attorney said after Wednesday's ruling.

What I’m puzzled about his how this attorney viewed this as a winnable case in the first place.

Spousal support is paid to a spouse because the law recognizes that a wife or husband should not be forced to live at a level below that enjoyed during the marriage. Spousal support is payments meant to help maintain a certain lifestyle.

Mr. Craissati’s ex has a lifestyle that is now being maintained by the state of Florida. Why should he be expected to continue paying spousal support to an ex-wife who has no expenses? Who, by her own choices ended up in prison?

I believe in spousal support where needed. This is not the case in this situation.

Anyone else think it bizarre that Mrs. Craissati believes she is still entitled to spousal support and that her attorney thought this was a "winnable" case?