Wow...thanks for the link...I read the opinion.
Seems pretty obvious that the guy was screwed. This woman was in a same-sex relationship with an FBI agent. They moved in together before the divorce was even final. The ex's gf even had a baby and the ex is the stay-at-home mommy for the kid while the FBI agent is the bread-winner.
Really????? Paying spousal support for that?????
Yeah, the guy should be able to get back the spousal support he paid.
Regardless of one's opinion on which sex gets to win something (or lose something), the purpose of spousal support should not be punitive.
If the ex spouse is an abel-bodied individual of reasonable working age and mind, then s/he needs to support themselves. If s/he needs some time to get on his/her feet, then the spousal support can be temporary, or even structured in a step-down manner.
Folks get divorced FROM EACH OTHER. Thus, the ties - especially financial - need to be cleanly cut as much as possible.
And, especially, spousal support is not to be paid if someone is involved with another an is fully supported by the other.'
The new law proposed to, hopefully, prevent an ex from defauding their ex through spousal support makes it a duty for the ex who enters into another cohabiting relationship like a marriage to tell the paying ex-spouse. If s/he doesn't, yes, the paying ex should be able to get back any payments s/he has made since the cohabiting and supportive relationship started...plus the monies s/he spent to get back the over-paid support.
It's a good law they've proposed:
http://lis.virginia.gov/cgi-bin/legp604.exe?131+ful+HB2187
>>>§ 20-110. Maintenance and support for a spouse to cease on remarriage or cohabitation.
If any former spouse to whom support and maintenance has been awarded shall thereafter marry, such support and maintenance shall cease as of the date of such marriage. The spouse entitled to current support shall have an affirmative duty to notify the payor spouse immediately of such remarriage. Failure of such spouse to notify the payor shall entitle the payor to restitution and the court may order restitution equal to the amount of any current support and maintenance paid after the date of the remarriage, together with interest from the date of the remarriage and reasonable attorney's attorney fees and costs. For purposes of this section, the terms "marriage" and "remarriage" include habitually cohabiting with another person in a relationship analogous to a marriage. <<<