When you and your spouse divorce, you may feel like you’ll never find love again. After all, your fairytale marriage ended in a divorce, making it challenging to put yourself back out there. However, when you find another person who you want to spend the rest of your life with, it’s exciting to plan another wedding. You may not have considered what will happen to the alimony payments you receive from your ex-spouse. If this sounds like your situation, you’ll want to keep reading. The following blog explores what you must know and how a Monroe, Louisiana alimony lawyer can help you.
What Happens to Alimony Payments When a Spouse Remarries?
If a spouse remarries, it may impact the alimony payments. However, this is only applicable to recipient spouses. In instances where the paying spouse remarries while the dependant spouse is still single, they will continue to receive alimony.
However, if the recipient spouse gets remarried, the paying spouse is no longer obligated to continue support. This is because they are sharing expenses with a new spouse. As such, the alimony payments will cease. It is essential to note that alimony payments are different from child support. If you are responsible for making child support payments, these do not stop once your ex-spouse remarries, as their new spouse is not legally obligated to take care of your children financially.
The only exception to the termination of spousal support is if there is a prenuptial, postnuptial, or divorce agreement stating that the paying spouse will continue to provide alimony regardless of their spouse’s marital status after the divorce is finalized.
Do I Need to File for a Modification?
If you discover that a spouse you are supporting has gotten married, there is no need to request a formal modification to the agreement. You are allowed to simply stop paying. However, it is essential to note that if you were a few months behind on alimony in the months leading up to the union, you are still legally obligated to pay for the months you missed. If you do not submit any missed payments, you risk liability for non-payment of alimony.
However, if you discover that your ex-spouse is living with a new partner in a cohabitation living arrangement, you may be able to file for a modification with the court, as they are likely sharing living expenses with their new partner while still receiving alimony from you. As such, you can file a modification to reduce or terminate alimony payments.
When you have questions or concerns about your alimony payments, you’ll want to contact our dedicated legal team as soon as possible. At Breithaupt, DuBos & Wolleson, we can help guide you through questions about spousal support and help you file if you believe your spouse is cohabitating with their new partner. Contact us today to connect with a member of our legal team.