Although you have divorced, that does not mean that a spouse is unable to enjoy the prospects of a new marriage in their future. However, if are ordered to pay a former spouse alimony, their remarriage can effect alimony payments. When spouse’s remarry, there may be a reason to modify or terminate alimony.
Modifying Alimony
In New York, alimony can be modified if there has been a substantial change in circumstances for other spouse. There may also be cause to modify alimony if three years has passed since the order was entered or modified. A third reason why a spouse may request a modification is if there was at least a 15% change in either spouse’s income. A modification of alimony, however, is not automatic. The spouse seeking the modification will have to file a motion with the court to ask for a review in the support amount.
Cohabitation and Alimony
If a former spouse decides to co-habitate with a partner, it could mean a change in alimony. Under New York law, cohabitation occurs when the recipient spouse lives with a partner and they act as husband and wife. If the obligor spouse is able to prove that the receiving spouse is co-habitating with a partner, it may cause a change or termination in alimony.
Remarriage and Alimony
In New York, alimony typically terminates when the recipient spouse remarries. However there may be some exceptions to this rule. For example if there are provisions in the divorce order that that dictate alimony, those terms may prevail.
If you need help with your divorce, contact an experienced divorce attorney to help you.
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.
