Do I Still Pay Alimony If My Ex Gets Remarried?
The decision to divorce isn’t one that goes away once the final settlements are signed. In fact, the financial fallout of a divorce could affect you for years or even decades. If you’re a high-earning individual with a low-earning or homemaking spouse, it’s likely that you’ll be ordered to pay periodic alimony. This generally doesn’t last longer than the length of the marriage, but can still be financially draining.
If your ex-partner has started dating, you might wonder what the future of your alimony payments is. Learn more about what happens if an ex remarries, and for more specific advice regarding your case, call Kirk Drennan Law at 205-803-3500.
The Purpose of Alimony
When the court awards alimony, it does so with the intent of allowing the lower-earning spouse to maintain their financial stability and quality of life. But if your high assets have made your ex-partner used to a high standard of living, alimony can be a huge expense for you every month.
Alabama courts rarely order permanent alimony anymore, as they expect lower-earning partners to support themselves eventually. Periodic alimony permits them to maintain a higher standard of living while getting the training or education necessary to support themselves.
But what happens if your ex-spouse moves in with someone or gets remarried? If you’re like many individuals who pay spousal support, you likely don’t want your hard-earned money going to support another person.
What Happens When an Ex-Spouse Remarries or Moves in With a New Partner?
Luckily, Alabama law is very clear about this. Section 30.2.55 states that alimony shall be terminated once the party who receives alimony either remarries or lives with a romantic partner. The party who pays alimony must petition the court and provide proof that the ex-partner has remarried or started living with a partner.
The good news is that Alabama law specifically states that alimony ends upon remarriage or cohabitation. In some states and in some divorce agreements, alimony only ends when the receiving party remarries. Some individuals have found themselves supporting their ex-spouse and the ex-spouse’s new partner because the ex-spouse intentionally never remarries.
Proving That Your Ex is Remarried or Living with Someone Else
The crux of this is proving that your ex-spouse is living with another partner. It’s easy enough to prove that they have remarried, thanks to marriage licenses and public announcements. But if they are intentionally hiding their cohabitation in an effort to continue receiving alimony, that can be a bit more time-consuming.
This is where having a strong divorce attorney can help. Even though your divorce is behind you, that doesn’t mean you no longer need the services of an experienced family law attorney. Your attorney can help you get the evidence you need to prove to the court that your ex-partner is living with a new romantic interest.
It may be unwise to come out and ask your ex-spouse if they’re living with their boyfriend or girlfriend. This may clue them in that you are looking to terminate alimony, which could lead to them shutting down their social media or otherwise hiding valuable evidence from you.
Social media is an excellent tool in this situation. Even if your ex-spouse knows that cohabitation may lead to the end of alimony payments, they may be unable to resist sharing their relationship online. Posts showing that the couple lives together can be useful.
You may also want to hire a private investigator if your ex-spouse is vehemently denying that they are living with a partner. A private investigator can gather proof that both parties park at the home, get mail from the mailbox, do yard work, or otherwise contribute to the upkeep of the home. This, in combination with proof of a romantic relationship, may be enough to prove cohabitation.
Choose Kirk Drennan Law for Your Alimony Case
If you think it’s time to end alimony payments, it’s important to find out what your divorce decree requires. Kirk Drennan Law can help you gather the proof you need and represent you in court. Take the first step now by setting up a consultation with our team. Just give us a call at 205-803-3500 or contact us online.
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