Divorce is hard. There's no way to make this emotionally challenging time a walk in the park, but there is one way to make it simpler: hire a good attorney. A divorce attorney can act as your go-between during the proceedings, which minimizes the contact you need to have with your ex-spouse. Overall, this can lead to fewer arguments and a settlement that is more fair for all parties involved. If you're on the brink of divorce, we think reading a little more about divorce attorneys on this blog will be helpful. That way, you are prepared for what is to come.
Going through a divorce can be one of the most challenging and emotionally draining experiences anyone ca
Divorce and custody battles are often one of the most stressful and emotional experiences a family can go
Divorce can be a difficult and emotionally draining process. Couples who are going through a divorce ofte
Child custody cases are emotionally charged as they involve questions about the safety, well-being, and u
Divorce is a challenging and emotional process, often accompanied by disagreements and disputes over vari
Alimony, or spousal support, is still ordered in some instances. It's often appropriate when one party is bound to suffer from an economic deficit due to divorce or separation. Alimony can be temporary, rehabilitative, or permanent. Nothing is really permanent, however, when it comes to alimony. Read on to find out what could cause alimony to end.
Remarriage and Alimony
In almost all cases of alimony, the remarriage of the receiving party will cause it to end. Various states handle the issue differently, however. In many states, alimony automatically ends with the receiving party remarrying. In a few states, the paying party has to ask for a hearing and have the support order modified. In other states, however, the paying spouse can just stop paying once they become aware of the marriage. If the paying spouse continues to pay because they had no knowledge of the marriage, they may be entitled to reimbursement of any support payments made after the date of the marriage. In a few states, the paying party may only have the support order modified if they can show that the spouse who needs the support sill needs it after the remarriage.
Cohabitation and Alimony
If the receiving spouse is living with someone, the way alimony is handled depends on several factors. Cohabitation alone is not a reason for the alimony to cease. Often, the paying spouse must show that the receiving party still has a need for alimony given the financial situation of the two cohabitants. In most places, the paying spouse has to file a motion seeking to have the support terminated and the judge will evaluate the circumstances. Some states will only modify alimony if the couple lives together for a certain length of time and are in a romantic relationship. That helps protect parties who have roommates (for which there are no restrictions on alimony). When the court finds that the recipient's financial situation has been improved by living with a romantic (sexual) partner, they may adjust down rather than terminate alimony entirely.
Death and Alimony
You might think that alimony will automatically end with the death of the paying party but that is not necessarily the case. Some ex-spouses take their financial obligation so seriously that they provide for the continued payment of support even after their death. They address the issue with a bequeath using a will or they may make provisions for the continued payments using a trust.
Alimony is far from old news and most states have kept up with the times by addressing issues that never came up previously. Before you jump to conclusions about alimony, speak to a family lawyer about how your state handles the above issues.
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