When a couple divorces, it is not uncommon for one spouse to require assistance. As such, they may request alimony or spousal support payments from their ex-spouse. Generally, these will continue for a predetermined period. However, if you discover your ex-spouse has remarried, you may wonder if you must continue making alimony payments. If this reflects your circumstances, you’ll want to contact Pennsylvania family law attorneys to assist you further. The following blog explores what you must know about alimony and remarriage of a recipient spouse.
How Are Alimony Payments Determined?
When a couple divorces, one spouse may request alimony payments. These are monthly payments made from one spouse to the other to help supplement and support their income. However, there are many factors taken into consideration when awarding alimony to a recipient spouse.
- The following are factors a judge will take into consideration when ordering alimony:
- How long the marriage lasted
- The ability of the recipient spouse to support themselves, including their employment prospects and job market
- The ability of the paying spouse to afford alimony
- The standard of living established during the marriage
The courts also have the discretion to consider any additional factors they determine relevant when awarding alimony.
Will a Recipient Spouse Continue to Receive Alimony Payments if They Are Remarried?
If you are making alimony payments to an ex-spouse and they get remarried, you are not obligated to keep making payments. As soon as you discover that your ex has gotten married, you can file a motion with the court to terminate your financial obligations. This also applies if your ex-spouse enters a cohabitation arrangement. Essentially, if they are living with a new romantic partner, you are no longer obligated to make alimony payments.
In some instances, you may not discover your spouse has gotten married until months have passed. If this is the case, the courts will order your spouse to return the payments. However, if you are behind, you are still legally obligated to give your ex-spouse the alimony they are entitled to.
If you remarry, this does not impact your ex-spouse’s entitlement to alimony funds. These payments will only stop in the event the recipient spouse enters a new marriage.
What Should I Do if I Need Assistance with Alimony Payments?
If you discover your ex-spouse is living with a new partner or has gotten married, you cannot simply stop paying alimony. You must petition the courts, which can be a confusing legal process. As such, it’s in your best interest to enlist the help of a lawyer.
Not only can an attorney assist if you discover you are no longer required to pay alimony, but they can also help if you need to adjust payments. For example, if you are laid off or your financial situation changes drastically, your attorney can help you get your alimony obligations adjusted accordingly.
The dedicated team at Berman Voss has the experience you need to help with any issues you may face in terms of alimony payments. Reach out to the firm today to connect with an attorney from Berman Voss to learn more about your legal options.