Key Takeaways
- In many states, spousal support automatically stops if the receiving spouse remarries.
- Spousal support goes by different names in different states (i.e., alimony, maintenance).
- In some states, certain types of financial support, such as rehabilitative support or bridge-the-gap alimony, continue even if the receiving spouse remarries.
- Remarriage usually does not affect child support or parenting time.
Your marriage officially ends when the court executes your divorce decree, but that does not necessarily mean it ends your divorce case. One party may be ordered to pay spousal support – otherwise known as alimony or maintenance. If you have children, you and your spouse contribute to the financial well-being of your children, and there could be lingering child custody issues that need to be worked out. One of the consequences of remarriage is the change in financial circumstances. One party might ask the court to modify the amount or duration of support payments.
A common situation occurs when one of the parties remarries or begins cohabitating with a new partner. When that happens, a number of questions arise regarding how this change impacts the payment of child support and/or spousal support.
How Long Do You Have to Wait to Remarry After a Divorce?
In most states, you can get remarried as soon as the divorce is final. However, several states have laws that say you must wait before you enter a new marriage. Most of them have 30- to 180-day waiting periods. These states include:
Impacts of Remarriage
When either spouse remarries, it could affect child support and spousal support. A second marriage resulting in blended families can also affect other factors, including time-sharing and estate planning.
On Child Custody
When either spouse remarries, it doesn’t directly affect child support and time sharing. You still must follow the parenting plan and pay the amount of child support ordered by the court. However, a new spouse can indirectly affect time sharing or even child support. The other parent could ask for more child support since you now have two people contributing to your household making more of your income available to pay support. While that rarely happens, an ex-spouse with a persuasive attorney could succeed.
The other issue is parenting time. If you remarry and your ex-spouse still has feelings for you, she could ask the court to change custody arrangements and allege that your marriage isn’t in the best interest of the children. Although your new spouse may love your children, one of the unfortunate consequences of remarriage is the jealousy of the other spouse.
On Spousal Support
Most states terminate spousal support on the remarriage of the receiving spouse. However, some states have exceptions based on the type of spousal support. For instance, a state may terminate spousal support for all forms except rehabilitative alimony.
If you learn that your spouse remarried and no one notifies you that you can stop paying spousal support, you can motion the court to abate or terminate the payments.
Emotional Impacts of Remarriage
One of the unintended consequences of remarriage is that the children may have a hard time with your new spouse. Their reactions can vary, depending on several factors, including:
- Age
- Personality
- Conflicts of interest
- Circumstances of the parents’ divorce
- The mother’s or father’s death
Some children may start having behavioral issues or have trouble in school. They may withdraw emotionally. It’s always important to maintain open communication with your children and seek advice from a licensed therapist or counselor to advise you on how best to handle the transition.
Why Work with Cordell & Cordell
Remarriage can cause financial and emotional issues for everyone involved. Working with an experienced family law attorney at Cordell & Cordell can help you through the process of changes affecting the legal status of your obligations, including stopping alimony or dealing with your ex-spouse’s reaction to new family dynamics.
Client Experiences
“Professional in all aspects and truly provided great advice.”— A.O.
“You all were wonderful to work with. I accomplished the intended goal and was pleased with the result.” – David C.
“Everything went smoothly. [My lawyer] gave me all my options and was always there and available when needed.” – Dale W.
Additional Resources
- Obtaining Emergency Temporary Custody of Your Children: If you suspect your spouse of abusing your children or she has a substance abuse issue, you can file an emergency motion for custody.
- Can a Child Choose The Custodial Parent? Generally, the court doesn’t allow a child to make the choice. However, depending on the child’s age and maturity, the court often considers the child’s preferences when determining custody.
- Custody Battle: 10 Things That Can Sabotage Your Case: You can sabotage a custody case in many ways. However, one of the worst things any parent can do is to alienate the children from the other parent and other relatives.
Did Your Ex Get Remarried? See If You Can Stop Paying Alimony
If you need legal advice, don’t wait. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your family law issues, including the ramifications of remarriage and when you can stop paying alimony.
Disclaimer: This page serves as a resource and is not to be taken as legal advice.
Frequently Asked Questions
If you live in a state that automatically ends spousal support when your ex-spouse remarries, you can simply stop paying spousal support on that date. However, if your ex hid the marriage from you or you live in a state that doesn’t automatically stop spousal support, you will need to retain a family law attorney to help you file the appropriate paperwork to end the support.
If you are in another situation that could warrant stopping payments, you should retain a family law attorney. Situations might include:
- If you are receiving spousal support and believe it should continue due to valid reasons.
- You are requesting an abatement of support based on your spouse’s cohabitation (as opposed to remarriage).
- You believe you are entitled to an increase in spousal support after your ex-spouse remarries or cohabitates with a new partner.
In most cases, a remarriage doesn’t affect child support because your ex’s new partner does not have a legal obligation to the children. They remain the responsibility of the biological parents, and the court bases child support on the parents’ incomes.
For example, when the mother marries someone of considerable wealth, and the children begin living a life of luxury while the father still struggles to pay child support on top of his own bills, he might feel that it’s not necessary to pay child support. Your children are still your responsibility, and you should continue paying child support.
You can, however, ask the court for a downward modification of support based on the additional money the wife and children are enjoying. While it is rare for the court to grant a reduction, in some circumstances, it does not hurt to ask since your ex-spouse has more disposable income to put toward her portion of child support.
Since the court only looks at the biological parents’ income when determining child support, stepparents’ income does not affect your child support obligation. By the same token, you are not required to support your stepchildren.
However, if you have a child with your new wife, child support could be affected since your income must now support your current family and the children from your previous marriage. The court does not base reductions on family size. In fact, if the court grants a reduction in child support, it may be a slight modification.
In most states, if the receiving spouse remarries, alimony stops. However, it is always best to contact an attorney, as some types of spousal support do not end on the receiving spouse’s remarriage.
Yes, you continue paying spousal maintenance if you remarry since the receiving spouse’s circumstances did not change.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
