Does alimony automatically end if the receiving party remarries?

On Behalf of | Jan 31, 2023 | Alimony |

In New Jersey divorce cases, alimony is a common concern whether it is from the perspective of the paying party or the receiving party. The person who is paying might have an issue with the amount, the duration and more. The receiving party could have similar worries.

There might be a perception that once the person receiving alimony remarries, the payments will automatically stop. That is true in some cases. It is not true in others. When the case is in progress or after it is complete and alimony is a topic in dispute, it is useful to understand the law and to have professional help.

How remarriage may impact alimony

If the former spouse who is receiving alimony remarries or enters a new civil union, the alimony will stop if it was permanent or limited-duration alimony. In general, the alimony will be limited to the duration of the marriage. Still, there are times when it could last longer.

Many factors are considered, including financial dependence, age, health and ability to find suitable employment for self-support. Alimony for a specific duration has a defined end date. These will be stopped if the receiving party remarries.

Other types of alimony could continue, even if the person remarries. Rehabilitative or reimbursement alimony falls into this category. Rehabilitative alimony is for the receiving party to get into a position where they can support themselves and will no longer need to receive the payments. That could involve going to school, receiving training or other means to self-support.

Reimbursement alimony is for those who supported the paying former spouse or provided other forms of assistance such as taking care of the home and children as the primary breadwinner went to school, built a business or advanced in their career. The simple act of a person remarrying does not automatically end this type of alimony. The court must find that the marriage will end the justification for rehabilitative or reimbursement alimony before it will stop.

With alimony and other family law issues, help is imperative

Since alimony is so often a problem and people might not be fully aware of the law as to when a remarriage can warrant it being ended or continuing, it is wise to have professional help to understand all areas of the law.

This is true not just with this situation, but in all aspects of family law. Calling for representation and assistance can help whether it is a high-asset case or one of more moderate means.