Changes in Alimony: How a New Relationship Can Affect Spousal Support
Alimony, or spousal support, is typically awarded to a spouse in a divorce proceeding to assist the former spouse in meeting his or her basic financial needs. This type of support is not permanently obligatory of all divorces. Alimony can be modified or terminated for a number of different reasons, including but not limited to, cohabitation or remarriage.
One reasons why alimony may be modified or terminated is cohabitation of the former spouse with a new significant other. Cohabitation can be a reason to terminate spousal support if a judge decided that a new significant other can contribute to the basic needs and expenses of he former spouse. It can also reduce or terminate alimony if the new living arrangements between the cohabitants requires that the significant other contribute toward household expenses.
When a former spouse remarries, the spousal support he or she receives can be terminated. This termination could be stated in the divorce order, or it may not be. Many times, the alimony can end due to remarriage, but there are some cases where a remarriage may not reduce or change alimony. If a spouse received rehabilitative alimony, for example, it may mean that the alimony received will remain unchanged.
In the case of a paying spouse, remarriage may not mean that his or her obligation to pay spousal support ends. If the paying spouse cannot, for some reason for another, continue to pay spousal support as a result of financial constraints, the court may consider a modification.
Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.