Remarriage And Alimony
Posted on February 15th, 2019 by Oddo & Babat, P.C.
Family Lawyer
It’s not uncommon after a divorce for one or both former spouses to remarry. However, a remarriage can affect alimony payments and terms that were determined by the court at the termination of the previous marriage. If you or your former spouse has recently remarried or is engaged, you may benefit from seeking the legal guidance of an experienced alimony lawyer. Laws that affect eligibility status for alimony can be confusing. Below is some general information that you may find helpful, but because your circumstances may differ, we encourage you to contact an attorney.
Income from a New Spouse
If you or your former spouse has remarried, you may be wondering if the new spouse’s income will be considered by the court, and because of that that the alimony payment amounts might increase. Your alimony lawyer can confirm this holds true in your situation, but usually the new spouse’s income is not considered. This is because unless they adopt your child (with your permission) they do not have a legal responsibility to support your child. If you feel there is sufficient reason for an exception to be made, your alimony lawyer can offer legal guidance.
When the Support Recipient Remarries or Moves in with a Partner
In most cases, alimony is based in large part on the recipient’s income level and their ability to improve their income level. When that person remarries, the court will often decide that if they are now part of a two-income earning marriage, they no longer require alimony. After considering all involved parties’ financial health, your alimony lawyer may advise you that even if the source recipient (whether that’s you or your former spouse) is simply living with a partner, they may no longer qualify for support. However, there are always exceptions to the rules. In petitioning the court to terminate the alimony obligation, the arguments that may be used to prove the cohabitation of the couple include:
- They are as committed as a married couple because they have made joint major purchases.
- They are as committed as a married couple because they have a joint savings and/or checking account.
- They are as committed as a married couple because they have joint debts.
- They are as committed as a married couple because both of their names are on utility bills and other cohabitation agreements such as a rental agreement.
Remarriages with Blended Children
When people remarry, very often one or both spouses has at least one child from a previous marriage. Known as a blended family, how do the additional children affect the spouse’s obligations for alimony? As an alimony lawyer might tell you, it’s unlikely to have any affect. However, as with anything else, there are always exceptions. Your alimony lawyer can review the details of your circumstances to provide you with the legal insight you require.
Cal an Attorney Today for a Consultation
If you have questions or concerns about how a remarriage may affect the alimony payments you make or receive, call a law office today to request a consultation with an experienced family lawyer offers.
I consulted with David the first time a couple of years ago on a serious matter that affected a very close member of my family. Not expecting a good experience from this serious situation coupled with an attorney consultation, the entire thing surprised me as it was pleasant, professional, and completely successful. We found him clear, direct, generous and extremely knowledgeable throughout the process. I give my very strongest recommendation
