How does alimony work when you re-marry and then split up with the same person?
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How does alimony work when you re-marry and then split up with the same person?
I re-married my ex-spouse after divorcing him. Legally alimony stopped when we got re-married. However, he said that he wanted to keep our finances “separate” (I have no income) but he continued to mail me each month the same amount of money as the alimony payment was. I was to pay our bills (my home) with that money (barely). We are now in the process of annulling the re-marriage. After the marriage is annulled, can he go back and amened our joint tax returns to single/hoh and claim that money as alimony? Would I then be liable for past income tax and penalties?
Asked on April 23, 2011 under Family Law, Nevada
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You really need to talk to someone in your state, a divorce attorney. Here is the problem. He is trying to pull one over on you and you really shouldn't be placed in that situation. Just because he mailed you every month doesn't mean that was alimony. What he earned during your second marriage is a joint asset. Immediately talk to counsel because an accounting needs to be made of your finances during your second marriage, you need to ask for alimony again and I don't believe you will qualify for an annulment. He would not be able to amend the joint tax returns because I don't think the court will annul your marriage. In this situation he is simply trying to get around having to pay you as you should be paid (should be entitled to) and you need to object to the annulment if you wish to claim part of the income as your asset.
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