Alimony Payments after the Receiving Party Remarries

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

One question that many divorced individuals often have is whether a court will continue to enforce an agreement to pay alimony for a set number of years even if the ex-spouse who was receiving the payments remarried before the receiving time period ended.

When we talk about an “agreement to pay alimony,” we’re almost always talking about a settlement agreement or separation agreement that includes not only an alimony provision, but also topics such as the division of marital property. Marital property is divided according to the system followed by the state in which the divorce is filed, whether it’s “community property” under the system that’s used in New York, California, Texas, and a number of other states, or the “equitable distribution” system that is gaining considerable acceptance. If there are children, questions of their custody, parenting time, and how future college expenses will be paid are likely to be answered in other provisions of the settlement or separation agreement.

When faced with the question of whether the originally agreed-upon terms of alimony should end, a court will rarely carve the alimony provision out of an agreement while leaving the remaining provisions intact. The continuance of an agreement to pay alimony after the recipient remarries must be considered alongside the provisions on division of property, especially, and sometimes in relation to the child-expense-related provisions as well. This is because it’s often the case that an alimony provision is set up a certain way because something in another part of the agreement has been made for some specific reason, and the balance between the parties that was agreed to would be lost if only one side of it has to be kept.

It is not at all unusual for divorcing couples in which one party makes a lot more money than the other to “shift” part of what would ordinarily be considered a buy-out for the property division. One example would be where the party paying the alimony keeps the home, with substantial equity, but instead of paying for part of that equity, the person makes alimony payments over time, they are treated differently for income tax purposes. Thus, both sides can end up with more money in their pockets. In a case such as that, it would be unfair to end the alimony after remarriage.

Alimony payments can be a complicated process, and challenging them after the receiving party remarries often requires an experienced divorce lawyer arguing on your behalf in court. For more information on alimony, see our articles on determining the amount of alimony to be paid and modifying alimony payments.

Case Studies: Alimony Payments and Remarriage Scenarios

Case Study 1: Alimony Payments and Remarriage

John and Sarah divorced after a lengthy marriage, and their settlement agreement included provisions for alimony payments. The agreement stated that John would make monthly payments to Sarah for a specific duration. However, two years into the alimony period, Sarah remarried. When Sarah’s remarriage occurred, the question arose as to whether the alimony payments should continue.

Case Study 2: Balancing Alimony and Property Division

In Mark and Sarah’s divorce, Mark had a significantly higher income than Sarah. To ensure a fair division of property and financial responsibilities, they structured their settlement agreement in a unique way. Instead of directly paying Sarah a portion of the equity in their marital home, Mark agreed to make alimony payments over time. This arrangement had tax advantages for both parties.

Case Study 3: Shifting Financial Responsibilities

In a divorce case involving John and Sarah, John’s income was significantly higher than Sarah’s. To achieve a fair division of property, they decided that John would keep their marital home, which had substantial equity. Instead of paying Sarah a portion of that equity, they agreed that John would make alimony payments over time.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Mary Martin

Published Legal Expert

Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

Published Legal Expert

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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