Is alimony terminated upon remarriage?

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Is alimony terminated upon remarriage?

I am paying alimony to my ex-wife who is planning on remarrying and already has a child with her fiance. I still have 4 more years left of payments. Does her remarriage terminate this or do I need to take her to court to change the terms?

Asked on January 1, 2012 under Family Law, Hawaii

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Please double check this information with an attorney in your area.  It is my understanding that under the law in Hawaii, alimony terminates upon remarriage of the receiving party. It is also my understanding that it is the responsibility of the alimony recipient to notify the payor - you -in writing within 30 days of the remarriage.  Now, that being said, this should be written in your divorce settlement that established the alimony payments.  Please read your agreement and the court order that incorporated the agreement.  You should consider applying to the court to modify the order when she remarries just to be on the safe side.  You also may want to check and see if there is a cohabitation clause, meaning that you may be able to terminate the alimony upon cohabitation and not wait for actual remarriage.  Good luck.


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