Reviewed by Itamar Levy, Esq.
Key Takeaways
- Your ex’s remarriage ends your alimony obligation, no matter what their new spouse earns.
- It does not happen on its own. Apply to the court and prove the remarriage.
- Keep paying until the judgment is amended, or you will accrue arrears.
- Cohabitation is different. You must prove they live together and present themselves publicly as married.
Everyone hopes to only get married once; however, this simply isn’t the case for everyone. That being said, if you got divorced and you make regular alimony payments, you’re most likely wondering when those payments end. For example, if your spouse recently got remarried, you’re most likely looking to terminate your alimony agreement, and for good reason. Please continue reading and reach out to our experienced Long Island alimony lawyer to learn more about how alimony works in NY and whether your situation qualifies for a modification to (or termination of) your alimony agreement. Here are some of the questions you may have regarding the legal process ahead:
How Do Courts Decide on How Long a Spouse Has to Pay Alimony in NY?
As with most decisions regarding divorce and family law matters, courts will consider a variety of factors when determining an alimony agreement. That said, the most important factors for courts to consider are as follows:
- Both spouses’ income
- Both spouses’ age and health
- The duration of the marriage
- The standard of living established in the marriage
- The earning capacity of each spouse
- Any other factor the court deems relevant
Can I Stop Paying Alimony if My Ex Just Got Remarried?
The first thing you should understand is that here in New York State, alimony is not intended to be permanent. Instead, alimony is supposed to be temporary financial assistance for the financially dependent spouse until they can become financially independent once again. Essentially, alimony is meant to compensate for the financial support one spouse provided during the marriage. When one spouse gets remarried, in most cases, this will warrant the termination of alimony payments, as their new spouse should provide the financial support they need.
It’s important to understand, however, that this is not dependent on your ex-spouse’s new financial circumstances. Under Domestic Relations Law § 236(B)(1)(a), an award of maintenance will terminate upon the payee’s valid or invalid marriage. Similarly, § 248 dictates that, upon your petition and proof of the remarriage, the court must annul the maintenance provisions outlined in the prior court order. The new spouse’s earnings are irrelevant, and a new marriage that is later annulled still terminates the original award.
This is known as a post-judgment modification. If you’re looking to terminate your current alimony agreement via a post-judgment modification, you should strongly consider retaining the services of a competent Long Island divorce lawyer who can guide you through the process. For any further questions, or if you’re ready to get started, all you need to do is pick up the phone and give us a call today.
Do I Have to Go to Court First?
It’s important to understand that your alimony obligation will not automatically terminate once your spouse is legally remarried. As such, the judgment on file requires you to continue making payments until the court amends the order. Halting payments can result in the accumulation of arrears. Filing the application, proving the remarriage, and having the judgment changed is generally the best course of action during this process.
What If My Ex Is Living With Someone but Has Not Remarried?
If you find out your ex-spouse is living with someone, you may be able to seek a modification to your current spousal maintenance obligation. However, you should note that it is typically more difficult to satisfy this matter, and, while remarriage requires the court to end the maintenance obligation, cohabitation simply permits the court to end the obligation.
Under § 248, you must prove:
- Your spouse is habitually living with another person, AND
- They are publicly presenting themselves as a married couple.
Living together is not enough on its own to satisfy the requirements, and the courts have declined to terminate maintenance after many years of cohabitation in instances where the second element is missing.
Contact Our Experienced Nassau County Firm
Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today.
