Ex-spouse remarried; must I still pay alimony?
Question Details:
Have been paying alimony since 10/03. Ex-spouse and I agreed to 7 years of payments (an agreement on our own; not a judges order). I just found out that she remarried in 2005 (she didn't tell me). Do I need to continue paying? What if our agreement indicated I would pay even if she got married do I have recourse to stop paying even though (out of the kindness of my heart) I agreed to that?
Divorce, Marriage, Alimony Law Answers
This is an interesting question, and you really will need to have a lawyer spend a little time and research this for you.
Ordinarily, agreements say that alimony will stop on remarriage, and if the document says nothing, the law says the same thing. So, what I don't know is whether your agreement, to continue paying alimony after remarriage, is enforceable. It might well be, but it might also be considered against the public policy of the state and therefore not enforceable.
If it's not enforceable, whether or not you could recover any of the money paid since her remarriage is another difficult question.
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