Is it Possible for Spousal Support to Continue After Remarriage?

How Does Remarriage Affect Spousal Support?

One of the issues that courts must settle is spousal support, which provides financial security to the lower-income earners and helps them maintain the lifestyle they did during the marriage. A divorcing couple can agree on an appropriate spousal support amount, or the court can order the paying spouse to remit a specific amount, often based on various factors.

South Jordan family law attorneys explain that once an agreement is in place, the paying spouse must comply with the terms or face legal consequences. However, various circumstances can affect an alimony order, and remarriage is one of them. The impact of remarriage varies, depending on multiple factors.

Am I Obligated to Pay Alimony If I Remarry?

If you’re the paying spouse and remarry after a divorce, your remarriage may not impact the payments. You will still be legally expected to honor your obligation to remit spousal support to your ex-spouse. Nonetheless, you may experience significant life changes that inhibit your ability to remit the required amount.

If that’s the case, consult skilled alimony lawyers in South Jordan for legal counsel. They can evaluate your case and advise whether it qualifies for alimony modification.

Modification of Alimony

When requesting alimony modification, you must demonstrate material and substantial changes in circumstances since the divorce. These changes must not have been expressly stated in the divorce decree, or the court findings entered at the time of the marriage nullification.

An example of material and substantial change that may warrant alimony modification is if you get new children in your new marriage. Your obligation towards the children may precede spousal support if your finances cannot cater to both.

Whether or not the court will grant your request will depend on the initial terms of the alimony agreement and whether it is modifiable based on such changes. It also depends on how strongly you present your case as to why the alimony amount should be reduced to leave enough money to take care of the children.

Other changes could be retirement or fluctuations in the income levels of both spouses. If your income reduces or your ex-spouse’s income increases substantially, you could request to modify the alimony amounts. Work with experienced South Jordan alimony attorneys to fight for a favorable outcome.

What If My Ex-Spouse Remarries?

If your ex-spouse, the alimony recipient, remarries, the remarriage could mark the end of your obligation toward them unless the decree states otherwise. Your ex-spouse must notify you or the court of their remarriage, a requirement that is often included in the alimony order. Upon receiving the notice, you can file a petition to terminate the payments.

However, there are exceptions if the recipient’s remarriage is annulled. South Jordan alimony lawyers add that cohabitation can also affect spousal support.

Effect of Cohabitation on Alimony

A spouse may request or receive temporary spousal support during a divorce or separation. If the paying spouse discovers that the recipient is cohabiting with another person of romantic interest, they can ask the court to terminate the temporary alimony order.

Alimony lawyers in South Jordan say it’s essential to consider several factors before terminating alimony payments if your ex-spouse is cohabiting. First, you must prove that the other party lives or resides together regularly in the same residence with a romantic interest.

You then must file a motion to terminate alimony based on cohabitation claims. The law stipulates that you must file the motion no later than one year from the day you discovered or should have discovered that your ex-spouse had cohabited with another person. You don’t need to prove the cohabitation on the date you file the motion.

How Are Alimony Payments Enforced in Utah?

If you fall behind on alimony payments or refuse to meet your obligation without notifying the court, the recipient could file a motion to enforce the order. The court could issue a judgment in their favor, which may be used to obtain a wage garnishment or lien on the property. You could even be charged with contempt of court and subjected to various penalties, such as fines or jail time.

If you cannot pay alimony as ordered in the divorce decree, consult family law lawyers in South Jordan immediately. They can assess your case and advise you on how to protect yourself from legal consequences that could affect your rights and future.

How Long Do I Have to Pay Alimony?

You’re obligated to pay alimony as long as the court orders it or until a condition arises to terminate the payments as outlined in the order.

Besides remarriage, retirement, and changes in monetary conditions, other circumstances that can warrant the termination or modification of alimony payment are:

• Sickness: If you become chronically sick, your alimony obligations may diminish. Your ex-spouse may also require more support if they are seriously ailing.
• Agreement: Divorce decrees occasionally elaborate circumstances where alimony is modifiable, such as stopping alimony after retirement or after a certain number of years.

A Skilled Family Law Attorney Helping You Navigate Spousal Support Orders

Alimony can be a thorny issue, especially if you don’t understand your legal rights or options after remarriage. As the paying spouse, your obligation doesn’t end when you remarry, but you could request to modify the amounts if you experience material and substantial changes during your new marriage. However, your obligation ends if your ex-spouse remarries.

When faced with legal issues surrounding your alimony order, it’s crucial to seek the legal counsel of knowledgeable alimony attorneys in South Jordan. RCG Law Group has a team of dedicated legal experts who understand what you’re up against. We can evaluate your case and guide you toward a favorable outcome. Call us at 385-503-3663 for a FREE consultation.