Does the state statute on terminal alimony hold true when an ex gets remarried?

My ex-wife is to receive terminal alimony for 2 more years. She remarried without telling me, probation or the courts. The judge upon the last hearing said she could continue to receive her payments. Can a judge overrule a statute that easily (2A 34-25 NJ).

Asked on August 28, 2011 New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a court order that your former wife's spousal support was to end over a certain period of time on a set date or if she married then your former wife's spousal support would end upon the sooner of the two events.

If the judge at the last hearing concerning spousal support issues of your former wife held that she was still entitled to spousal support even though she had remarried which seemingly is in violation of the court order in effect and New Jersey law, then the last judge made a poor decision and your option is to appeal his or her order on the subject.

If you do not have a family law lawyer representing you, you should retain one.

Good luck.


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