For many, spousal support, or alimony, supplements their income so that they may become financially independent following their divorce. A new relationship may affect your spousal support payments, often either with a reduction or termination of payments depending on your circumstances and the type of alimony paid.
Open Durational or Limited Duration Alimony
If you remarry, your spousal support will terminate based on the day of your marriage only if you receive open durational or limited duration alimony. If you receive one of these types of spousal support, you must inform the court and your paying ex-spouse about your remarriage to ensure that the spousal support terminates. If you fail to notify the court and your paying ex-spouse about your marriage, you may be held liable to repay the extra alimony payments and court fees for your ex-spouse.
Rehabilitative or Reimbursement Alimony
If you receive rehabilitative or reimbursement alimony, you may still be eligible for spousal support even after remarriage unless the courts rule that your reimbursement value has been met or you have achieved financial independence. Because of the conditions of rehabilitative and reimbursement alimony payments, the payments may continue after remarriage to ensure that the full value is paid despite the remarriage.
Adjustment of Spousal Support
If you remarry and receive rehabilitative alimony payments, your circumstances may change in the eyes of the court. You do have the ability to ask for a modification of spousal support, where the court would most likely lower your monthly alimony payment. Your ex-spouse does have the ability to claim that your remarriage may affect your financial independence and provide you with better means of living so that the alimony payments may be terminated.
If you or your ex-spouse remarries and receives rehabilitative alimony payments, consult with our Somerset County alimony attorneys about your circumstances. If we believe that you qualify for a modification, our attorneys can help guide you through the process of spousal support modification.
DeTommaso Law Group, LLC is here for all of your spousal support modification and termination needs. Call us today at (908) 274-3028 to schedule a consultation with our Somerset County team.