Understanding The Impact Of Remarriage On Spousal Support
If a spouse who is receiving spousal support remarries, this is typically going to lead to the end of the spousal support payments that he or she was receiving. While there may be some limited exceptions, the remarriage virtually always means the paying spouse no longer needs to continue making alimony payments. Child support payments, however, are typically not affected by a remarriage and the paying spouse will need to continue to pay those payments even if the recipient spouse gets married.
If the spouse who is paying support gets remarried, there may be no impact of remarriage on spousal support. The payments will generally need to continue as usual. However, if a child is born to the new marriage, child support typically takes precedence over spousal support. This means that if money is going to the care of the child and there is not enough left over to pay alimony, it may be possible to petition the court for a modification of the spousal support order. Whether a change will be made or not is going to depend upon whether the initial support order was modifiable and whether the paying spouse makes a compelling case for why the support amount needs to decline to leave enough money for the needs of the child.
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Considerations When Deciding How Much Spousal Support To Award
Once judges have decided that some amount of alimony is appropriate in a particular case, they must decide how much support to award. Almost all states spell out a number of factors judges should consider when making these decisions, such as:
- the couple’s standard of living during the marriage, and the extent to which each of them could maintain a similar lifestyle after divorce
- each spouse’s income, assets, and debts
- how much each spouse will get when their property is divided
- whether one spouse has a lower earning capacity because that spouse was unemployed for periods of time while taking care of the family
- the length of the marriage
- each spouse’s age and health
- contributions either spouse made to the other’s training, education, or career advancement, and
- any other factors the judge thinks are fair.
Also, some states allow judges to consider a history of domestic violence or other misconduct on the part of one or both spouses when they’re deciding whether to order alimony. But one factor that’s generally not under consideration: which spouse filed for divorce. You may request spousal support when you file for divorce. And if your spouse was the one who started the divorce process, you may ask for alimony .
Preventing Modification Of Spousal Support Also Stops The Support Amount From Being Reduced
Remember that the modification can also work in reverse. If the Staples Language is not used, and the Divorce Judgment does award one party spousal support , if the party who pays the support has a loss or reduction in income they could argue that the support should be modified to accommodate the changed circumstances, as they can no longer afford to pay the $400 per month in my example. This situation could lead to a shocking result for some: if you were awarded a monthly payment from your ex-spouse that you have come to rely on, they could try and pull the rug out from underneath you by later filing a motion in the Court asking that the support payment be cancelled or reduced. Unless the Staples Language was used in the Divorce Judgment, the paying party could always seek to have the award modified in the future.
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Examples Of A Change Of Circumstances
Change in Law: State laws pertaining to support change periodically. When a divorce law changes, this can constitute the change of circumstance that is needed to file for modification of support.
Cohabitation: Support may be reduced or terminated if an ex-spouse cohabitates with another person. If a person is living intimately with a partner, they are cohabitating. If the recipient of support feels a decrease in support is unfair it is his/her obligation to prove there is a need for the support.
Cost of Living Increase: When inflation reduces the value of support payments, the recipient may request a modification based on an increased cost of living as a changed circumstance and request an increase. A request can also be made when the pay or of alimony has a substantial increase in income.
Disability: If payers of alimony become unable to support him/her due to a physical or mental condition, support may be modified. If the recipient becomes disabled, he/she can request a modification to increase support. If the payer becomes disabled, he/she can request a modification to decrease support.
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How Long Does Alimony Last
How long general term alimony lasts usually corresponds with how long the marriage lasted.
- Alimony cant be required for more than 50 percent of the number of months you were married. For example, if you were married for 60 months, you could be ordered to pay or receive alimony for up to 30 months.
- Alimony cant be required for more than 60 percent of the number of months you were married.
- Alimony cant be required for more than 70 percent of the number of months you were married.
- Alimony cant be required for more than 80 percent of the number of months you were married.
- The court can award alimony for as long as the judge thinks is fair.
Alimony also normally stops if:
- Either spouse dies
- The spouse receiving the alimony gets married again. If youre receiving alimony and begin living with a partner for at least 3 months, your alimony can also be reduced or stopped.
- The spouse paying the alimony reaches full retirement age .
Judges can choose to continue alimony for a longer period of time if theres a good reason. If alimony is supposed to end, but you feel you need to receive alimony for longer, you can file a Complaint for Modification. The court may give you an extension if you have:
- A material change of circumstances after your alimony was decided
- Reasons for the extension that are supported by clear and convincing evidence
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Alimony In Florida Guide: Divorce & Family Law
Alimony is financial support provided to an ex-spouse to help maintain the standard of living maintained during the marriage. There are many different types of alimony in Florida, which vary in amount, form, and duration. The amount and duration of alimony in Florida are determined on a case-by-case basis. If you are seeking alimony in Florida or trying to prevent paying alimony, contact a divorce law firm in Tampa for help. A skilled Tampa divorce lawyer can make a big difference in if and how much alimony is awarded. Nobody likes paying for an attorney, but in some cases, it can save a lot of money in the long run.
The policy behind alimony is to alleviate the financial disparity between the two parties. When determining alimony that should be awarded, Florida family law courts look at one spouses ability to pay vs. the other spouses need for alimony. If permanent alimony is awarded, the alimony payment should be sufficient to support the spouses standard of living.
There are many factors that a judge may consider when determining alimony in Florida is appropriate. If alimony is appropriate, the court will have to determine the durational alimony amount to bridge the gap. Regardless, alimony may not leave the person paying alimony with significantly less net income than the recipients net income.
What Is Rehabilitative Alimony
Rehabilitative alimony is granted for a specified time period. It provides the recipient with the funds to obtain the job skills and education needed for him or her to become self-sufficient. This type of spousal support is also available to the stay-at-home parent who takes care of the children.
Although the court order or agreement specifies a duration for rehabilitative support payments, this alimony can be reviewed at the end of a predetermined period. The court or divorcing parties must include a review provision in the agreement. The paying spouse has the right to stipulate in the agreement that there be no review. However, the court can override the payor’s wishes and continue the support due to hardships such as the illness or incapacity.
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How Much Maintenance Should I Pay
Any maintenance award depends on the payers resources and ability to pay as well as the recipients reasonable needs.
Contrary to popular belief, there is no automatic right to an equal share of income. A former spouse cannot, therefore, expect a maintenance order which provides for equality of income.
The approach taken by the court is a complex balancing exercise in trying to achieve fairness. They will consider both parties reasonable needs and try to achieve an order that meets those needs. The parties previous lifestyle is a factor to be taken into consideration, but the reality is that both parties will be expected to cut back in a situation where the needs of two households are to be met by what was previously only one.
Consideration will be given by the court as to how much of the recipients reasonable needs can be met by their own resources. These will include not only any earned income but also child support, tax credits and child benefit and any other income, whether from investments/capital, which could be used to generate an income.
A thorny issue is always earning capacity as opposed to actual earnings. It is expected that the recipient will make all reasonable efforts to maximise their income, whether that be by way of increasing their working hours, undertaking training in order to improve their earning capacity or other means.
Strategy : Keep Tabs On Your Spouses Relationship
Some states will stop making alimony payments mandatory when the spouse who is getting them begins living with a new partner or significant other. This info may be written in the fine print on your divorce decree ask your attorney to go over the section about alimony payments with you for the best information.
A new marriage will usually allow the payments to come to an end, so keep track of what your ex-spouse is up to when it comes to their relationships. Keep tabs on them via social media and through friends. Make sure you are aware of when these life changes occur so you can get those alimony payments to cease.
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Strategy : Put An End Date On Alimony Payments
Alimony payments do not have to be a lifelong affair. You should strongly consider including a termination date in your divorce decree or agreement. This will remove the need to return to court at a later date, saving you from financial burden. The payments will simply terminate.
End dates for short marriages are usually one half the length of the union. It is much harder to predict the alimony termination date on a marriage that was lengthier, however. You should speak with an attorney to figure out what end date would be reasonable for your situation, given the duration and individual circumstances of your marriage.
Permanent alimony may still be ordered by the judge during your divorce finalization. It is usually issued when a spouse lacks the ability to support themselves due to extenuating circumstances, such as age or disability.
Is Spousal Support Taxable
Unlike child support, which is not taxable income to the recipient and is not deductible as income to the person obligated to pay child support, spousal support may be taxable income to the recipient and tax deductible to the person obligated to pay spousal support for state tax purposes. Spousal support is no longer tax deductible for federal tax purposes.
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Was The Change Foreseeable
Lets say the car you paid off finally breaks down and you have to buy a new one. You buy a modest car thats appropriate to your needs, but still are faced with a monthly car payment of several hundred dollars. Is that substantial?
Its a noteworthy burden on your monthly budget, as it would be for any of us. But its also unlikely a judge will see it as meeting the test of a substantial change in circumstances.
There are exceptionsif the car was a hotly disputed part of the settlement and you had to give up significant assets elsewhere to get it, then theres a whole new set of issues for the judge to consider. But generally speaking, circumstantial changes like this are considered reasonably predictable and normalalbeit aggravating.
But lets say that the increase in expenses came due to damage to your home caused by a tornado. Now your case is stronger, particularly if the house was a significant factor in the original settlement.
The principle of foreseeability is involved here. It might not be possible to foresee exactly when youll need a new car. But its certainly foreseeable to know that day is coming, because it does for everyone who operates a motor vehicle. On the flip side, while tornado damage is far from uncommon, its certainly not foreseeable that you will be the one literally caught in the storm.
Is There A Way Of How To Divorce Without Paying Alimony
While it is often impossible to get out of paying alimony if your former spouse earns significantly less than you and if youve been married for a long time, there are ways to reduce your payments and/or the amount of time you have to pay alimony.
For instance, if your former partner had an affair, or if they marry again, you may be able to avoid paying alimony.
You might also be able to reduce alimony payments or get out of paying altogether if you can demonstrate that your spouse doesnt need it or if you are able to negotiate by giving up other assets.
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California Spousal Support Termination Lawyers
Before stopping alimony payments upon an ex-spouses apparent remarriage, consider connecting with a California family attorney. A lawyer may review any applicable divorce settlements and related court orders for remarriage provisions, and domestic relations firms might even help you lawfully gather evidence of remarriage or cohabitation.
Most ex-spouses do not volunteer information about their remarriage to an ex-spouse, especially if it means automatic spousal support termination. They might, however, agree to terminate support after hearing from an alimony attorney. You may even recover overpayments and additional damages if it appears your ex-spouse willfully hid his/her remarriage or avoided registering a legal marriage to obtain continued alimony. Consider discussing your spousal support termination rights with a local family lawyer today.
- 1370 Brea Blvd., Suite 232, Fullerton, CA 92835
- 5000 Birch Street, West Tower, Suite 3000 Newport Beach, CA 92660-2140
Can The Riverside Family Court Modify A Permanent Spousal Support Order
In most circumstances the answer is yes. So long as the court has the power to order spousal support and the current spousal support order is not non-modifiable, the court may enter a modification. However, there must be proven some change of circumstance warranting modification, such as a change of employment for either spouse, material change in the income of either party, loss of health insurance, or other similar types of changed circumstances. If parties agree that an award of alimony is non-modifiable, case law specifically prohibits the court from modifying the amount under any circumstance. Only the parties can agree to modify the amount.
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What Can A Judge Consider When Deciding If My Wife Is Entitled To Alimony
Factors used to determine the nature, amount, duration, and payment method of alimony in a Texas divorce include:
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Your wifeâs ability to provide for her reasonable needs
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The education and employment skills of both spouses, the time necessary to acquire education or training to enable her to earn enough income to become financially independent
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The duration of the marriage
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Your wifeâs age, employment history, earning ability, and physical and emotional condition
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If child support is a factor in the case, each spouseâs ability to meet needs while paying child support
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Whether you or your wife wasted, concealed, destroyed, or otherwise disposed of any community property
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Whether your wife contributed to your education, training, or increased earning power during the marriage
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The property both spouses brought to the marriage
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Your wifeâs contributions as a homemaker
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A history or pattern of family violence
Alimony Changes And Cohabitation
Most divorce lawyers in Las Vegas will include a clause in the final decree of divorce where alimony will end when the recipient gets remarried. What is less common is a clause in the decree where alimony arrangements will end upon the recipients cohabitation with a new partner. As a general rule, family court judges do not want to force a former spouse to continue paying an ex when they now have someone else to support them. Nor do they want to force a former spouse to subsidize the life of their exs new spouse.
Cohabitation occurs when a party begins to reside with a new romantic partner. Knowledgeable divorce attorneys understand the possible temporary nature of cohabitation and often will not agree to include any alimony termination provisions in the decree of divorce based on cohabitation. Nonetheless, a party may petition the court for an end to alimony if the recipient is being financially supported by a cohabitating partner, even before remarriage. Even parties who maintain a separate residence may still be cohabitating if they reside together most of the time and there is financial commingling. Your divorce attorney should gather evidence to demonstrate cohabitation if it is not obvious on its face.
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