If you have questions about how to modify or terminate alimony payments after a spouse remarries in New Jersey, continue reading and reach out to our skilled Monmouth County divorce and separation attorneys. Our legal team is on your side and will help you each step of the way.
What are the different types of alimony in New Jersey?
It is important to understand the various types of alimony in New Jersey before exploring how remarriage can impact alimony. Below are the various types of alimony that can be obtained in New Jersey:
- Pendente Lite or temporary support: Temporary support helps the lower-earning spouse during the divorce process. If you are unable to reach an agreement on the terms of temporary support while your divorce is pending, you will need to attend court.
- Limited Duration Alimony: This refers to alimony that lasts 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 the parties had a long-term marriage (20 years or more) and one spouse is unlikely to be able to support him or herself in the lifestyle the couple enjoyed during the marriage, the lower-earning spouse may obtain 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 delivered to a spouse who gave up their own career goals to enable their spouse to achieve theirs. It reimburses the lower-earning spouse for their sacrifice.
Does cohabitation affect alimony?
Alimony can be impacted when one spouse finds another partner. Unless expressly noted in a divorce settlement or judgment, cohabitation alone, may not be enough to terminate alimony. However, the paying spouse can ask the court to reduce, or possibly terminate, alimony if their ex-spouse’s new partner contributes to the household costs.
How is alimony affected after a spouse remarries?
In most cases, when the paying spouse remarries, he or she will continue to provide alimony for an unmarried ex-spouse. When the supported spouse remarries, New Jersey 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. Keep in mind that there are a few exceptions when it comes to alimony after an ex-spouse remarries.
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If you require strong legal representation for matters of divorce and family law in Rumson, Monmouth County, or anywhere in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.