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If I Get Remarried Do I Lose My Alimony?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 7, 2019

Read Time: 4 mins

In both New York and New Jersey, a former spouse who is receiving alimony will generally have no right to receive further alimony after remarrying. The divorce lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. note that there are exceptions to this general rule and recommend taking a closer look at the interplay between alimony payments and a supported spouse’s remarriage.

The purpose of alimony is to ease the financial burden of a divorce on the spouse with lower earning power.

Contrary to some depictions of alimony in popular culture, the purpose of alimony is not to permanently penalize the party that is obligated to pay it. Rather, alimony is intended to support the spouse that has a lesser ability to earn income after a divorce until that spouse can fully support himself or herself. Permanent alimony payments (which might continue after a supported spouse remarries) will be ordered only when the supported spouse has few or no opportunities to generate that support.

Divorced individuals can petition to modify an alimony order.

Either spouse can petition a divorce court to modify an alimony order, both to increase or decrease alimony payments. These petitions are most frequently based on changing circumstances, for example, when the paying spouse’s earning power is adversely limited by unforeseen events. Alimony modifications will affect only future payments.

A supported spouse who cohabitates with a new partner might lose alimony payments.

If a supported spouse enters into a romantic relationship in which the new partner provides financial support and shared housing without marrying that partner, the paying spouse can petition a divorce court to reduce or eliminate alimony payment obligations. In both New York and New Jersey, the paying spouse bears the burden of proving that the supported spouse is receiving financial and other support from the new partner. Courts have set a relatively high bar for termination of alimony as a result of cohabitation, and the success of a request for termination of alimony will be a function of the facts of each specific case.

Remarriage will not end certain types of alimony.

A supported spouse’s remarriage will not end that spouse’s right to receive alimony payments that are designated as lump-sum or rehabilitative. In most cases, these types of alimony are typically structured as a temporary series of payments that will end of their own accord after a certain period of time.

Once alimony obligations end, they will not be restarted.

If a supported spouse’s new partner passes away or the new marriage is later annulled, that spouse will not have an opportunity to reinitiate terminated alimony payments from the original paying spouse. Regardless of its outcome, the intervening marriage creates a full and final stoppage of alimony payments.

A paying spouse can recover alimony payments that are made after a supporting spouse remarries.

If a paying spouse is unaware of a supported spouse’s remarriage and continues to pay alimony, that spouse can file a petition to recover all alimony payments that were made subsequent to the date of the new marriage. Payments made prior to that date will not be recoverable.

Alimony and spousal support disputes are avoidable.

In all cases, even in the most hotly-contested divorce proceedings, prospective alimony and spousal support disputes can and should be addressed in the final divorce and alimony decree. That decree can specify, for example, whether and to what extent alimony payments will continue after a supported spouse remarries, and a divorce court will defer to the decisions in that decree over the general rule that alimony payments will end after a supported spouse remarries.

An experienced divorce attorney should draft and negotiate an alimony agreement that anticipates future issues and that establishes a structure to address them.

Call KGG’s Alimony and Spousal Support Attorneys for Answers to your Divorce Questions

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we understand the emotional turmoil that often accompanies divorce and spousal support negotiations. We strive to craft alimony agreements that are fair to both parties and that address all of the significant future matters that might alter the conditions upon which a spousal support agreement is based. When a spouse petitions to amend an alimony and spousal support order, we work to modify the agreement in ways that are fair and equitable to both parties and their dependents.

Please call our offices to schedule a consultation with one of our experienced attorneys. We will give your case the full personal and professional attention that we provide for all of our divorce clients.

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   LWelsh 
 16 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 139 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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If I Get Remarried Do I Lose My Alimony?

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