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Terminating Alimony When Ex Is Re-Married and Children Have Jobs

Terminating Alimony When Ex Is Re-Married and Children Have Jobs


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Spousal support generally ends when the other person has a new marriage and the need for the monetary help is no longer necessary to the ex-spouse. The full aid in both spousal and child support will usually completely end when all affected parties are receiving income through jobs or another party in their lives.

The Types of Alimony
Generally, the courts will decide to provide spousal support to the person from the relationship that makes less money or needs time to find a job. The judge will determine that the spouse that is no longer in the same type of lifestyle will need additional funds to remain in a similar state as when in the marriage. This could lead to temporary alimony for the pending divorce, short-term alimony for a few years or rehabilitative support for when the ex-spouse is attempting to reenter or learn a new skill to enter the workforce. Most alimony has a date when the support will end.

The End of Alimony
In usual circumstances, the support that one ex will provide to the other will only last so long. This generally occurs through the judgment from the court authority or may happen due to a settlement. If long-term support through alimony payments is necessary, this is because the other person was in a long marriage, may not become self-sufficient or is unable to enter the workforce. This is sometimes permanent until either spouse dies. However, if the ex-spouse remarries or lives with another romantic interest, this could end the alimony. This outcome may depend on the state, the settlement agreement or the judge that decided the payment arrangements.

Exceptions to Ending Alimony
Usually, a settlement in a divorce that provides alimony to the other party will permit him or her to end providing payment when the person remarries another individual. Others cease upon death. However, the exception to these rules is when the judge decides that the other person should have long-term support even after the event of marrying another romantic partner. Other exceptions may occur when the judge does not give specific language to end alimony. At these circumstances, it is the state laws that cover the event of remarriage. Other exceptions may happen if the ex-spouse is past-due on payments or must provide a lump-sum.

The States and Alimony Termination
While remarriage does not end alimony payments in Ohio unless the person petitions the courts for a modification, it does with others. In the states of Arizona, California, Colorado, Florida, Georgia, Illinois, New Jersey, New York, North Carolina, the person paying may cease doing so when the other party remarries another person. However, this does not necessarily affect cohabitation. For instances where the ex-spouse lives with another romantic partner, he or she may still receive alimony from the divorced spouse unless a petition to the courts for a modification based on the changes occurs.

Cohabitation instead of Remarriage
While many payers are able to avoid transferring funds for alimony to an ex-spouse that remarries in most states, he or she may need to either come to an agreement with the other party or petition the courts specifically when this person lives with another romantic partner. This payer may need to explain to the judge that the new cohabitation provides the individual what the monetary benefits of the romantic partner and that alimony is no longer necessary. If the judge is amenable to listening and reopening the matter for a modification, the payer has the opportunity to provide evidence.

Filing a Motion
By petitioning the courts for a modification, the payer may have the chance to remove alimony and exit the situation entirely. For ex-spouses that have no children or any other connections, this may provide a complete resolution to the relationship no longer in effect. The payer will need to give the judge reasonable grounds for termination of alimony along with sufficient evidence that backs this reason. Then, the other party may refute this or answer honestly. Depending on remarriage or cohabitation, the payer may have more or less difficulty in the judge changing a previous decree from the divorce process.

Legal Support for Remarriage
To petition the courts for a modification or to help in terminating alimony, the payer will need to hire a lawyer or reopen the matter with his or her divorce legal professional. Then, the lawyer will present the matter to the judge and attempt to protect the rights of the payer and terminate alimony.

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