Alimony refers to when the spouse who is better off in terms of their financial position is ordered to provide financial support to the other spouse. However, in the case where the supported spouse remarries or starts living with a new partner, the paying spouse may want to put an end to the alimony. This article will address this situation in detail.
Outline of Alimony in Connecticut
In Connecticut, alimony is usually ordered only when the couple has been married for a long period of time and there is a huge gap between the two spouses’ earning ability. Periodic alimony is the most common type of alimony. This refers to when the paying spouse makes payments on a monthly or a regular basis for a specific period of time. A lump sum payment is another type of alimony, as well as a transfer of property.
Effect of Remarriage on Alimony
Unless specified in the divorce agreement, alimony in Connecticut is not automatically terminated when the supported spouse remarries. If the paying spouse wants to end alimony when the supported spouse remarries, the paying spouse needs to get permission from the court to officially terminate alimony before they can stop making payments.
It should be noted that the judge has the power to make a decision on whether or not alimony can be terminated even after the supported spouse remarries or lives with a new partner. This often only happens in extreme cases, though. For instance, if the couple has been married for over thirty years, and one of the spouses never worked during that period of time, it is likely that the court will decide that alimony shouldn’t be terminated even in the case of remarriage.
Revision of Alimony
Modification of alimony is possible as well. The court is entitled to modify or terminate periodic alimony if there is a change in the financial circumstances of either the paying spouse of the supported spouse. For instance, it could be that the supported spouse has begun to make more money than the paying spouse, or perhaps the paying spouse’s income has suddenly dwindled. In these cases, the court can alter the terms of alimony as of the date that either one of the spouses files a motion to modify or terminate alimony. However, the paying spouse still needs to pay all the outstanding amounts of alimony before the court makes the decision.
Effect of Cohabitation on Alimony
In the case that the supported spouse is no longer that dependent on the paying spouse’s financial aid, the court can either reduce or terminate alimony. Therefore, if you find out that your ex-spouse’s financial needs have decreased because of their cohabitation with another person, then you should file for alimony termination for your own benefit. Keep in mind that you will need supporting evidence that the supported spouse is financially stable and is no longer in need of your money. Your ex-spouse will be ordered to explain their new partner’s contributions to household expenses.
If you and your ex-spouse want alimony to end automatically after remarriage or cohabitation, then it’s always a good idea to state that clearly in the divorce agreement. For more information about remarriage and alimony, get in touch with a Connecticut law attorney like Judith Goldberg today!