Will I Still Have to Pay for Alimony If My Ex Remarries? | What to Know

Will I Still Have to Pay for Alimony If My Ex Remarries? | What to Know

If you have questions about how to modify or terminate alimony payments after a spouse remarries in New York, continue reading and reach out to our skilled Nassau County divorce attorney. Our legal team is on your side and will help you navigate through each step of the process. Give us a call today to get started.

What are the different types of alimony in New York?

It is important to understand the various kinds of alimony in New York before examining how remarriage can affect alimony. Some of the many types of alimony that can be obtained in New York include the following:

  • Permanent alimony: This type of alimony remains in effect either indefinitely or until a change occurs in either party’s circumstances. It can be ordered based on the duration of the marriage. A marriage that survives up to 15 years may see alimony for 15 to 30% of the duration. Between 16 and 20 years, the payments may be ordered between 30 to 50% of the duration. For marriages that last 20 years or more, it may be between 35 to 50% of the duration.
  • Rehabilitative alimony: This alimony may be ordered if one spouse puts off their career in order to support the family. This is so that the dependent spouse can receive the education or training they require.
  • Reimbursement alimony: If one spouse financially supports their partner so that they may seek education or training, this alimony can compensate them.

Does cohabitation affect alimony?

Alimony can be affected if one spouse finds another partner. Unless clearly mentioned in a divorce settlement or judgment, cohabitation alone may not be sufficient to terminate alimony. However, the paying spouse can ask the court to reduce, or possibly terminate, alimony if their ex-spouse’s new partner plays a role in household expenses.

How is alimony affected after a spouse remarries?

In most instances, when the paying spouse remarries, he or she will continue to supply alimony for an unmarried ex-spouse. When the supported spouse remarries, New York law terminates alimony as soon as their marriage or civil union is official. If alimony is being paid through Probation and/or the supporting spouse’s wages are garnished, the independent spouse needs to file a motion in court. Note that there are some exceptions when it comes to alimony after an ex-spouse remarries. To learn more, reach out to our dedicated divorce and family law attorneys. We are on your side.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 25 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 342-3575.

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