In most cases, when a spouse remarries you will no longer need to pay spousal support or alimony to support that individual. However, the courts may not terminate your obligatory payments right away. If you and your former spouse have an agreement that says that the payments will end automatically if a spouse remarries, then you can stop paying your alimony as soon as the wedding is over. If you do not have an agreement with your ex about when the alimony or spousal support will end, then you will need to consult your state laws.
In some states, spousal support will end automatically if an ex-spouse remarries. If you are in a state that doesn't follow this rule then you will have to go to the courts and request an order that will permit you to stop payments. Normally, if you explain the situation to a judge and explain that your ex is not rolling in money, it is pretty easy to discontinue your spousal support payments. In some cases, child support may continue because you have a financial responsibility to support your children.
You may want to negotiate the discontinuation of spousal support with your ex before you head to the courts. This can help you to go to the court with a prepared plan. You can memorialize an agreement and get it signed. If you want assistance in creating a discontinuation of spousal support agreement, a San Fernando divorce attorney can help you out. You may want an attorney to help you serve the agreement to a judge.
If your ex refuses to sign a discontinuation agreement, then you will need to file a motion to modify or terminate the spousal support payments with the court. Most courts will allow modification or termination if there is a "substantial change" in circumstances. Remarriage qualifies as a substantial chance. If you want more information about this situation, then you need to talk to a San Fernando divorce lawyer at Cutter & Lax today!
