Paying Spousal Support

UPDATED: Oct 1, 2022

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Paying Spousal Support

My ex-wife and I separated in August and in the separation decree we agreed that
I pay her a thousand dollars a month for a number of months. Our divorce was
finalized in November and had the same agreement on the divorce decree but it
does not say anything if my ex-wife should re-marry that spousal support would
stop. My ex-wife remarried in December, do i have to continue to pay spousal

Asked on January 14, 2018 under Family Law, New Mexico


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

Answered 4 years ago | Contributor

You need to go to court and request a court order to stop paying her alimony.  I am surprised that it is not written in any of the agreements or decree but my understanding is that the common law rule in New Mexico is that spousal support terminates at remarriage. File a Petition to Terminate support in Family Court. 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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