If you are making alimony payments, you might be wondering what happens if you, your former spouse, or both of you get remarried to different people. In some cases, this can end an alimony agreement in New Jersey, but you never want to assume anything and end up with court fees to pay and back payments to make up for. If recent life events have you confused about your obligations, our Union County alimony attorneys can help.
What Happens When the Person Receiving Alimony Payments Remarries?
In most cases, the person receiving alimony stops receiving payments once they are married to another person. This is because alimony is spousal support, and it stands to reason that their new spouse is perfectly capable of supporting them. There is no reason for their former spouse to continue sending payments.
The spouse who is collecting alimony has an obligation to tell the paying spouse that they are remarrying or entering a new civil union. If they do not inform them and continue to take alimony payments, they could be taken to court and forced to reimburse the paying spouse for the alimony, court fees, and attorney costs.
What Happens When the Person Making Alimony Payments Remarries?
In most cases, the paying spouse’s remarriage will not affect their alimony agreement with their former spouse. Your alimony agreement will continue until the end date that was originally decided on. In some states, alimony payments have no set end, but most spousal support agreements in New Jersey are only designed to last for a limited time.
What if the Supported Spouse is Cohabitating?
You can sometimes modify your alimony agreement if your former spouse is cohabitating with someone, even if they are not remarried. You have to show proof that they are not just dating. They have to have intertwined their affairs by purchasing property together, opening joint accounts, or having both their names on the title of a vehicle.
If a supported spouse is cohabitating, that is often grounds to renegotiate an alimony agreement.
What if I Am Paying Rehabilitative or Reimbursement Alimony?
There are a few different types of alimony in New Jersey, and the need to pay some of them actually might not end just because your former spouse remarried. Two types of alimony that might require continued payments are:
Rehabilitative Alimony: This helps a spouse acquire job training or education that will make it easier for them to secure a job and their own financial independence.
Reimbursement Alimony: If your spouse supported you through higher education assuming that they would benefit from the higher salary and standard of living you would secure, you may owe this type of alimony after a divorce.
Both of these types of alimony tend to be carefully negotiated and have specified end dates. It is rare that they would be modified, even when the supported spouse remarries.
If You Have Alimony Questions
If you are looking for ways to modify your own alimony agreement, contact Ross & Calandrillo, LLC. We can answer any questions that you may have.