If you are unsure about whether or not you are responsible for paying alimony once your former spouse remarries, reach out to our dedicated Morris County NJ divorce lawyers.
What are the different types of alimony in New Jersey?
The state of New Jersey has a number of different kinds of alimony to choose from. It is important to recognize each of them before examining how remarriage can impact alimony. Below are the types of alimony that can be obtained in New Jersey:
- Limited Duration Alimony: This kind of alimony remains for a pre-determined amount of time and automatically ends on the date ordered by the courts or the date agreed upon by the parties.
- Open Durational Alimony: In the event that both parties had a long-term marriage (20 years or more) and one spouse is incapable of supporting him or herself in the lifestyle the couple had during the marriage, the lower-earning spouse may receive alimony indefinitely.
- Rehabilitative Alimony: This kind of alimony bridges the gap for a spouse that needs time, education, or training to renter the workforce and become self-supporting.
- Reimbursement Alimony: Reimbursement support is given to a spouse who gave up their own career goals to help their spouse acquire theirs. It reimburses the lower-earning spouse for their sacrifice.
- Pendente Lite or temporary support: Temporary support allows the lower-earning spouse during the divorce process. If you are incapable of reaching an agreement on the terms of temporary support while your divorce is pending, you will need to attend court.
Does cohabitation affect alimony?
Alimony can be impacted if one spouse finds another partner. But, unless it is expressly mentioned in a divorce settlement or judgment, cohabitation alone, may not be enough to end alimony payments. However, the paying spouse can ask the court to lower, or perhaps remove alimony if their ex-spouse’s new partner chips into the household expenses.
How is alimony affected after a spouse remarries?
Most of the time, when the paying spouse remarries, he or she will continue to provide alimony for an unmarried ex-spouse. If the supported spouse remarries, New Jersey law ends alimony as soon as their marriage or civil union is authorized. If alimony is being paid through probation and/or the supporting spouse’s wages are garnished, the independent spouse will be directed to file a motion in court. Note that there are rare exceptions when it comes to alimony after an ex-spouse remarries. Contact our experienced Morris County NJ alimony and spousal support lawyers to learn more.
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