If I were to get a divorce, would my current wife be entitled to any alimony checks I currently receive from my ex?

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If I were to get a divorce, would my current wife be entitled to any alimony checks I currently receive from my ex?

I receive alimony every month from my ex. I remarried a year ago and have been putting my monthly alimony checks into a separate savings account that she knows about but does not have access to. The money both she and I earn with our jobs is kept in a joint checking account that we pay our bills and pretty much everything else with. If we were to get a divorce years down the road, would she be entitled to any of the alimony money within my savings account? If so, what would be the best way to prevent that from happening (e.g. convert my alimony checks to cash)?

Asked on April 4, 2012 under Family Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

Here is the thing: generally speaking - and Virginia is no exception to this rule - the rule is that alimony ceases upon remarriage of the party receiving the checks.  So its good that you are saving the money because I think that you are going to have to repay it once your former wife becomes aware of this little issue.  Seek legal help. Good luck.


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