If I re-marry, can ex-spouse seek additional maintenance money due to our combined earnings?

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If I re-marry, can ex-spouse seek additional maintenance money due to our combined earnings?

Divorced in May 2009. Spouse awarded life time maintenance.

Asked on November 9, 2010 under Family Law, Illinois

Answers:

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

Answered 11 years ago | Contributor

Generally speaking the income of your new spouse should not be calculated in to the amount of the maintenance of your ex spouse.  Paying her alimony is not your new spouse's debt it is yours.  That being said, you can not go and quit your job and be supported by your new wife in the hopes of circumventing the payments to the ex-wife.  The courts would find a way to make you pay, like taking your tax return even though your new wife's name is on it.  I would take the time to double check with an attorney in your area on this matter as it would not surprise me if the courts have ruled in odd ways on these issues.  Good luck.


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