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Should you continue paying spousal support after your ex remarries?

On Behalf of | Nov 23, 2022 | Divorce

Once a divorce is finalized, most individuals get on with life and enter new relationships. In fact, according to a recent report by the U.S. Census Bureau, nearly half of all divorced Americans remarry within three to four years

However, if your former spouse has found love again, you may wonder whether you’re obligated to continue paying spousal support. Below are a few things you should know about remarriage and how it can affect your continued obligations.

Remarriage affects your support payments

In Virginia, spousal support, which is commonly referred to as alimony, is automatically terminated if a spouse receiving the support remarries. This is because your former spouse and their new partner will be considered a financial unit, and this relieves you of any obligation to support them.

However, sometimes you may be required to continue paying alimony. This may only happen if the judge orders it. Usually, the judge can order that you continue paying spousal support if your former spouse has an unusual financial burden. 

While spousal support can be affected after remarriage, child support isn’t. Therefore, you’ll still have to pay child support even when your former spouse gets married. 

Cohabitation can also impact spousal support payments

The alimony may be terminated if your former spouse has been cohabitating with another person for over one year. Cohabitation is a live-in relationship where the partners live together and act like they’re married. However, occasional sleepovers are not considered cohabitation. 

In addition, you will have to prove that your former spouse has been cohabiting before spousal support termination is granted. Sometimes, even after producing proof of cohabitation, a judge may not grant termination of spousal support. For example, this may happen if your former spouse proves that there was an earlier agreement stating spousal maintenance cannot be terminated, even after marriage.

Remarriages after divorce happen regularly, but it’s crucial to know where you stand with spousal support payments, especially if you’re the payor. If you or your former spouse is getting married, learn about your rights from a legal advisor. 

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