Do I Still Pay Alimony If My Ex Gets Remarried?
It is common for one or both parties to remarry once the divorce is finalized. This can happen quickly after the divorce or at some point later in life. Remarriage can have a significant impact on many aspects of a divorce decree, including spousal and child support payments.
The alimony may or may not automatically come to an end if you or your former spouse remarries depending on individual circumstances. You should consult with a knowledgeable family law attorney to understand the way the law applies to your particular situation.
Overview of Alimony Payments in Kentucky
Spousal support, spousal maintenance, or alimony refers to financial support payments made by one spouse to the other during or after a divorce. There are various types of alimony that the court can award when married couples split. This includes:
- Temporary alimony that is paid only till the divorce remains pending
- Short-term alimony is usually awarded in case of short-term marriages and may last for a few years
- Rehabilitative support is paid until the supported spouse can become self-sufficient after getting back into the workforce
These types of spousal support have a clear end date that is mentioned in the marital settlement agreement or the final divorce judgment.
Impact of Remarriage on Alimony Obligations
You are required to pay alimony for as long as the court orders it. There are specific conditions mentioned in most spousal support orders for terminating alimony payments. In most cases, the receiving spouse will not be entitled to spousal maintenance if they get remarried. This is because the court will see remarriage as a life-altering situation. There is another person in the receiving spouse’s life that can now contribute towards their expenses.
You can ask the court to change the order if the supported spouse gets a new job that pays more money, or they move in with someone else. Alimony payments can be a complicated issue. You should consider speaking with a divorce attorney if you want to make changes to the spousal support payments.
Alimony payments come to an end when a supported spouse remarries. However, you won’t get any money back if you paid a lump sum alimony. There are certain special circumstances in which the spousal support payments don’t stop even when the spouse remarries. This is usually the case when a recipient spouse has a disability.
The paying spouse can move the court for a spousal support modification if the supported spouse starts living with a new lover. This is even when the supported spouse doesn’t get married. The alimony arrangement may be adjusted as per the financial assistance received by the supported spouse because of their new living situation.
Impact of Remarriage on Child Support in Kentucky
Remarriage is not going to be enough for necessitating a change in child support payments. Both parents have a consistent and continuing duty toward supporting their children. Just because a parent remarries doesn’t alleviate their obligations to provide child support payments.
The court in one Kentucky case denied a father’s request to reduce child support because he had remarried. The court explained that the additional expenses of a father because of remarriage did not put a stop to his duty to provide for the child from a previous marriage. Based on this, there are certain situations in which a remarriage may lead to support adjustment.
There may be a reduction in prior child support orders if either parent remarries and has another child after the remarriage. In Kentucky, child support payments can be reduced if the parent has additional dependent children. You would need to motion the court to have your child support payments adjusted.
It’s integral to understand that the current child support order will remain during the modification action till a judge doesn’t issue a new support order.
How is the Spousal Support Amount Determined?
In special circumstances, the alimony payment may not be completely stopped. Instead, you may be expected to pay a lower amount. Spousal support amounts are awarded by a family law judge. They decide the extent and amount of the payment.
These are a few factors considered by judges in adherence to the Uniform Marriage and Divorce Act while arriving at a decision about alimony awards:
- Physical condition, age, financial condition, and emotional state of the spouse
- Length of time required by the recipient for training and education to become self-sufficient
- Length of marriage
- Standard of living
- Ability of the payor spouse to support himself after alimony payments
- New financial considerations because of remarriage
Speak With a Louisville Family Law Attorney Today
The highly rated divorce and family law attorneys at John H. Ruby & Associates are ready to evaluate your situation if you believe that you qualify for a spousal or child support modification. We can determine the best way of modifying the existing alimony payment order because of the supported spouse’s remarriage.
Life is full of changes, and we will do everything possible to protect your interests. To request your free, no-obligation consultation, call us at (502) 895-2626 or complete this online form.