Will I Still Receive Alimony If My Ex-Spouse Remarries?
When couples divorce, one spouse often pays the other alimony for some time. This financial support helps recipients until they can support themselves as a single person. There is often some confusion about what happens to alimony when a former spouse remarries, which is usually included in a divorce settlement agreement or can be followed by your state’s alimony laws.
Types of Alimony
Before we explore how a remarriage impacts alimony, let us consider the different types of spousal support you might receive in New Jersey depending on your situation:
- Pendente Lite or temporary support: Temporary support helps the lower-earning spouse during the divorce process. If you cannot agree on the terms of temporary support while your divorce is pending, you need to go to court.
- Limited Duration Alimony: Alimony that lasts for a pre-determined amount of time and automatically ends on the date ordered by the courts or the date agreed upon by the parties.
- Open Durational Alimony: If the parties had a long term marriage (20 years or more) and one spouse is unlikely to be able to support him or herself in the lifestyle the couple enjoyed during the marriage, the lower earning spouse may receive alimony indefinitely.
- Rehabilitative Alimony: This type of alimony bridges the gap for a spouse that needs time, education, or training to renter the workforce and become self-supporting.
- Reimbursement Alimony: Reimbursement support is paid to a spouse who gave up their own career goals to enable their spouse to achieve theirs. It compensates the lower-earning spouse for their sacrifice.
Cohabitation and Alimony
Alimony can be affected when one spouse finds another partner. Unless specifically noted in a divorce settlement or judgement, cohabitation alone, may not be enough to terminate alimony. However, the paying spouse can ask the court to reduce, or possibly terminate, alimony if their ex-spouse’s new partner contributes to the household expenses.
Alimony After an Ex-Spouse Remarries
In most cases, when the paying spouse remarries, he or she continues to provide alimony for an unmarried ex-spouse. When the supported spouse remarries, New Jersey law ends alimony as soon as their marriage or civil union is official. If alimony is being paid through Probation and/or the supporting spouse’s wages are garnished, the supporting spouse needs to file a motion in court. It should be noted there are a few exceptions when it comes to alimony after an ex-spouse remarries.
Woodbridge Divorce Lawyers at Lyons & Associates, P.C. Help Clients with Spousal Support Concerns
If you have alimony concerns, the Woodbridge divorce lawyers at Lyons & Associates, P.C. can help. To schedule a free consultation, call us at 908-575-9777 or contact us online. Located in Somerville and Morristown, New Jersey, we represent clients throughout Somerset, Woodbridge, Morristown, Parsippany, Rockaway, Short Hills, Chatham, Randolph, Madison, and Morris Plains.