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

UPDATED: Aug 28, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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