Usually, a judge only awards alimony if there is a substantial difference between the spouses’ finances and/or earning capacity.
There are two main types of alimony recognized in New York: temporary maintenance and post-divorce maintenance. Temporary maintenance is alimony that is ordered while a divorce is still pending. Post-divorce maintenance is alimony that is awarded after the divorce is finalized. Alimony can be ordered to be paid in one lump sum, for a set period, or as long-term monthly spousal support payments.
Because of the complex nature of most spousal support agreements, one of the most common questions asked is – does alimony stop when you remarry?
Understanding Spousal Support and Remarrying in New York
In New York, your spousal support alimony payment obligations will usually terminate in the event your ex-spouse (the recipient of the support) remarries. However, in some cases certain exemptions may apply.
Depending on your divorce order, you may be required to continue paying alimony to your ex-spouse even after they get married to someone else. It all depends on if there is a provision in the divorce decree that states this to be the case. If there is no such provision in your divorce decree, then you can expect your alimony obligations to automatically terminate when your ex-spouse remarries.
What Happens if I Continue Making Alimony Payments After My Ex Remarries?
If your ex-spouse remarries and doesn’t notify you, and you continue paying alimony, then you can can seek reimbursement of any alimony that was paid to your ex-spouse after their remarriage.
Want a Fair Spousal Support Agreement? A Mediator Can Help
Negotiating a fair and equitable spousal support agreement isn’t always easy when a couple is getting divorced, especially when one spouse earns more money than the other. This emotional nature of the process can quickly get out of control and result in a toxic environment that can create a lot of unnecessary stress and frustration.
This is exactly the type of situation that a skilled divorce mediator can prove beneficial. A compassionate mediator is especially trained to help divorcing couples stay on topic and conduct their conversations in a calmer and more meaningful way. The result is a more peaceful and healthier divorce process that empowers both parties. With the right mediator, you can achieve a fair spousal support agreement that works for you both.
Contact Mediation Professionals of Long Island today to schedule a consultation with one of our professional mediators. Call us at 646-992-7440 or click here to send us a message online. We can help you achieve a healthier divorce and a fair spousal support agreement.