Many people feel like one party having to pay alimony in a divorce is unfair, but when you look into it, there’s a lot more to uncover than what meets the eye. In this article, we’ll talk about all there is to know about Connecticut law on alimony payment after remarriage.
Alimony in Connecticut
Alimony is defined in Connecticut law as the payment from one spouse to the other after a divorce to prevent one party from suffering from a financial crisis. The party that was responsible for providing for the other spouse during the marriage will typically be the one who has to pay the alimony after the divorce. The court will usually assign alimony only if the couple has been married for a significant amount of time to prevent one party from taking advantage of the other by getting married and asking for divorce only a few months later.
Most alimony payments are periodic, which means that they are expected to be paid every week, month, quarter, or year, depending on the negotiation. In most cases, alimony payment is deposited into the recipient’s account every month. It can also be given in one lump sum, depending on the negotiated terms.
Remarriage and Alimony
In most states, the alimony payment will end as soon as the receiving spouse remarries. This is not the case in Connecticut, as the paying spouse will have to file for termination of alimony, and it must be approved by the court with the supported party’s signature before the payment is able to end. If the supported party refuses to sign, the paying spouse can file a motion for the court to end the payment.
If the couple wishes for the alimony to end after the receiving party remarries automatically, then it will have to be mentioned in the divorce agreement. Most family lawyers in Connecticut would suggest that they include an alimony termination clause in the marriage agreement to protect one party from the court process if they were to get divorced in the future. However, even with the clause in the agreement, the court can decide if it is unfair for one party not to receive any alimony after the divorce, and make one party pay for it regardless. For example, if the couple had been married for 30 years before the divorce and one spouse had never worked a day during the marriage, the court can make one party pay even if the other remarries.
Termination or Modification of Alimony in Connecticut
If one party has experienced a change in their financial situation that may or may not be their fault, the court has the power to modify or terminate the alimony payment. For example, if the paying party happens to lose their job during the alimony payment, the court may terminate the alimony payment entirely. On the other hand, if the supported party has recently been hired, the court may minimize the alimony payment and terminate it as soon as the financial situation of the supported party is stable and sustainable. One thing that the court does not have the power to do is to change the alimony payment retroactively; in other words, the court only has the power to modify or terminate the most recent motions.
Cohabitation and Alimony
Even if the supported party hasn’t remarried but they have decided to cohabit or live with another person and be financially supported by them, the court has the power to reduce or terminate the alimony. If you are the paying party and you learn that your ex-spouse is now living with and being supported by another individual while receiving alimony from you, you can file a legal motion to modify or terminate the alimony agreement. The court will require evidence such as the proof of financial support from the cohabitant and the supported party’s current financial statement. If everything adds up, then the court may decide to terminate the alimony entirely.
If you’re looking for a professional family lawyer in Connecticut, Judith Goldberg is your best option. Our experienced consultants can help you with any family legal matters that you need, so feel free to contact us today and see what we can do for you.