Does Spousal Support End If My Spouse Or I Remarry?
Spousal support, sometimes referred to as alimony, can be a difficult issue to discuss as well as a source of frustration, anger and conflict. Some people assume that judges use alimony as a form of punishment for marital misconduct (i.e. adultery, abuse, etc.); however, this is not the reason for alimony. Spousal support is not intended to be a punishment or a reward with regard to marital misconduct.
The true purpose of spousal support is to provide financial support for an ex-spouse. It may be used to allow a spouse sufficient time to obtain the necessary training or education required to re-enter the work force (rehabilitative alimony) or it may be granted permanently in the case of lengthy marriages to maintain the standard of living of a spouse who was financially dependent on the other spouse during the marriage. Kentucky has several different types of alimony but all have one key element in common — alimony is only granted if the judge finds a financial need for one party and the ability to pay for the other party.
What Happens if I Remarry and I am Paying Spousal Support?
If you are paying alimony to your former spouse and you remarry, this will not terminate your legal obligation to pay alimony. You must continue to pay your alimony payments according to the terms in the order for spousal support. However, under some circumstances, you may be entitled to a reduction in spousal support payments. If you have questions about your obligation to pay alimony when you remarry, contact our office to discuss your specific case with our experienced Kentucky divorce attorneys.
What Happens if I Remarry and I am Receiving Alimony?
According to Kentucky Revised Statute 403.250, “Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.” In most cases of spousal support, if the spouse receiving alimony decides to remarry, the alimony obligation will terminate. However, as the law states, this may not be the case if the parties agreed to continue alimony if the receiving party decides to remarry or the judge specifically provided in the order that remarriage does not terminate spousal support.
Because the laws governing spousal support in Kentucky do not specifically state that alimony terminates upon remarriage, you need an experienced attorney to review your divorce decree to determine if alimony terminates if you remarry. The terms of your divorce decree and the specific facts of your case will determine whether your spousal support ends or the amount is reduced if you remarry.
Contact an Experienced Radcliff and Elizabethtown Divorce Attorney
We’ve Helped Thousands of KY Families, we can help you!
The spousal support attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience. If you have questions about spousal support, we can help you. We represent clients throughout central Kentucky.
Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032 or toll-free at 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form.