Will Remarriage Affect My Divorce Settlement?

Your divorce case does not end when the judge signs off on the decree, especially since one party usually ends up having to make payments to the other, whether it be spousal support, child support, or both. That said, these payments are not set in stone, and if a spouse chooses to remarry, it might give cause for one party to seek a modification to these payments.

Here is what you need to know about the financial impact of remarrying:

  1. If my ex remarries, will I still have to pay child support? Generally, remarriage does not have an impact on child support. Why? Well, the court considers the parents responsible for any children they might share custody of and, as such, will base child support on the income of those parents. If your spouse remarries someone wealthy, this might cause some resentment, but the court cannot force a step parent to provide for the children simply to reduce your payments. If you want your payments reduced, you will have to prove that it is in the best interest of your children or that something has changed in your financial circumstances that warrant a reduction.

However, if the step parent adopts the minor children, he or she would be a legal parent and required to provide for them and you would no longer be obligated to make child support payments. This also means you will relinquish all rights to visitation or parenting time with the children.

  1. If I get remarried, will it affect my child support obligation? Just as child support would remain unaffected if your ex were to remarry, the same reasoning would apply if you were to remarry. No step parent is legally obligated to support step children and their income will not impact payments made or payments received.
  2. If my ex remarries, or moves in with a new partner, am I still obligated to pay spousal support? Depending on the precise wording of your divorce order, your spousal support payments might be impacted by your ex’s remarriage. In most cases, a divorce order will state two terms under which spousal support can be eliminated – remarriage or death. Some divorce orders might only state death as a termination requirement, in which case, payments might not be affected by a remarriage. In cases of cohabitation, this might be more difficult to prove, though payments can be theoretically terminated if you provide adequate evidence to support your request.

Long Island Family Law Attorneys

At Hedayati Law Group, P.C., our Long Island team of family law attorneys can help you review all aspects pertinent to your court orders, including your finances, to determine what should be modified and why. If you are currently paying your ex-spouse alimony even after he or she has remarried, you can request a termination of your payments and we will assist you every step of the way.

Contact our office at (631) 880-6440 to schedule a free consultation.

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