Alimony payments will typically be canceled if the recipient of the support payments remarries. While a divorce legally releases each spouse from each other, it may not cancel some of their responsibilities to each other. However, a new child supportfamily courtchildren Even a spouse who was awarded permanent alimony payments in a divorce will be likely to lose them in the event of remarriage.
The exception to this rule is if the couple’s divorce decree created in a family court, specified that alimony payments would continue even in the event of remarriage. This type of agreement is very rare, as most ex-spouses feel that their financial obligation to their former partner should end if they remarry. These arrangements should be worked out by the couple in family court when they are getting their divorce. If the former alimony recipient gets a divorce from their new spouse, they may not be entitled to receive their old alimony payments again, because the contract may have become void.
Marriage is not the only relationship that a former spouse can lose the payments over. Sometimes living with a partner can end alimony payments, since the family court may feel that the alimony recipient has more financial help with bills. This is not definite. In family court, a couple should work out whether or not cohabitation with a new partner should end the recipients’ alimony payments.
A family court is more reluctant to cancel alimony payments based on the recipient’s cohabitation, since it is not as solid as remarriage. However, the family court is also aware that the ex-spouse’s new marriage can end in divorce. If the couple cannot agree to the terms during a divorce, the family court has the right to decide for them.
It is important to point out that if the divorcee paying alimony remarries, they still have to pay the alimony. Although it is a change in circumstance, a family court will usually find that the spouse receiving alimony should not suffer financially because of their ex-spouse’s new relationship. It should also be noted that a family court does not stop ordering alimony payments unless a motion has been filed. If an ex-spouse remarries, it is up to the one who wishes to stop paying to file a motion.