How Will Remarriage Affect My Divorce Agreement?

A divorce case doesn’t necessarily end as soon as the judge signs the divorce decree. In many cases, one party is ordered to pay alimony, also known as spousal support or maintenance, to the other party. If there are minor children involved, then child support is typically ordered as well. However, what happens if you or your ex-spouse remarries?

Impact of Remarriage on Alimony in New York

In New York, alimony generally ends upon a recipient spouse’s remarriage, although some exceptions may apply, such as the divorce order requiring alimony to continue after the recipient spouse’s remarriage. But if there is no such provision in the order, alimony will automatically terminate as soon as recipient spouse gets remarried.

The understandable though here is that if maintenance is to protect a less moneyed spouse who no longer has their former spouse helping to cover their expenses and lifestyle, that assistance is no longer required when a new spouse enters the picture. Additionally, many settlement agreements provide for spousal support to end when the recipient party moves in or cohabitates with a new romantic partner.

Impact of Remarriage on Child Support in New York

Remarriage alone doesn’t entitle a parent to a modification of child support. According to New York common law, since it is the custodial parent’s primary duty to support the children of your previous marriage, the new spouse has no duty to support your children from a prior marriage or relationship. Conversely, where a noncustodial parent remarries and how has a second household income, their child support obligation does not increase, even where they have a significantly wealthier spouse.

For more information, contact the Law Office of Dennis R. Vetrano, Jr., LLC and request a free consultation with our Dutchess County divorce attorney today.

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