You are not alone if you are going through a divorce and have questions about spousal maintenance. This is a compl...Read more
When you get divorced, the law allows the family court to order alimony to either you or your spouse. In most cases, alimony is ordered for a set period of time to allow one spouse time to become self-supporting. However, following long marriages, when it is not feasible for one spouse to work in the future, a judge might order permanent alimony.
If you are ordered to pay alimony or awarded alimony, the order will remain in place until it expires or one party obtains a modification. Another factor that can affect an alimony order, however, is remarriage.
If you are receiving alimony and are getting remarried, or you are paying alimony to someone who is getting remarried, speak with an Aurora, Colorado alimony attorney about the impact on your court order.
If the supported spouse gets married again, alimony will automatically terminate. The same goes for entering into a civil union with another person. On the date of the marriage or civil union, the paying spouse can simply quit issuing alimony payments. They do not have to go back to court to obtain an official termination of the alimony order.
Remarriage of the recipient does not, however, impact alimony that was already paid or lump-sum settlement agreements. The recipient will not have to pay back any of those funds just because they get remarried. The only time retroactive termination of an alimony order might happen is when a recipient hides their new marriage in order to keep receiving alimony support.
In a few situations, the spouses might have an agreement or order that allows support payments to continue even after a subsequent marriage. These cases are rare, however, and an alimony lawyer can advise you if this might apply in your situation. Having an attorney assist you in your initial alimony agreement can help protect your rights and interests following remarriage.
The marriage of the alimony recipient cuts off support, but what happens if the paying spouse gets remarried first? Generally speaking, nothing changes, and the alimony order would continue.
Some states will terminate alimony upon cohabitation with a new partner, but this is not necessarily the case in Colorado. Living with someone is not enough on its own to justify terminating or even modifying alimony orders. If you are paying alimony and want to stop payments because your ex-spouse is cohabitating with someone new, you might need to demonstrate:
If the recipient spouse is in a common law marriage – without an official marriage – and it allows them to live rent-free or without the need to work, the court might decide to terminate or at least modify the alimony award.
If you have questions about alimony, don’t hesitate to speak with an Aurora, Colorado alimony attorney at CNL Law Firm, PLLC. Contact us online or call (720) 370-2171 for more information today.
Child custody and support can be very complex issues that depend on each parent’s income, the percentage of time...Read more