If you have questions or concerns about alimony after a former spouse remarries, do not hesitate to reach out to our skilled Bergen County alimony attorney.
What are the different types of alimony in New Jersey?
You will want to recognize the several different types of alimony in New Jersey before discovering how remarriage can affect alimony. Some of the various types of alimony that can be obtained in New Jersey include the following:
- Open Durational Alimony: If both 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.
- Pendente Lite or temporary support: Temporary support aids the lower-earning spouse during the divorce process. If you are incapable of reaching an agreement on the terms of temporary support while your divorce is pending, you will need to go to court.
- Limited Duration Alimony: This refers to alimony that lasts for a pre-determined amount of time and automatically terminates on the date ordered by the courts or the date agreed upon by the parties.
- Rehabilitative Alimony: This type 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 provided to a spouse who gave up their own career goals to help their spouse to achieve theirs. It reimburses the lower-earning spouse for their sacrifice.
Does cohabitation affect alimony?
Alimony can be affected when one spouse finds another partner. Unless expressly stated in a divorce settlement or judgment, cohabitation alone, may not be enough to end 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 expenses.
How is alimony affected after a spouse remarries?
In most instances, when the paying spouse remarries, he or she will start to provide alimony for an unmarried ex-spouse. If the dependent spouse remarries, New Jersey law ends alimony as soon as their marriage or civil union is authorized. 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. Note that there are a few exceptions when it comes to alimony after an ex-spouse remarries.
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Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.
