Terminating Alimony After Ex’s Remarriage If Decree Does Not List An End Date

Question:

I pay alimony to my ex-wife. Our divorce decree is silent on the issue, but it is my understanding that I should no longer have to pay alimony if she is remarried or cohabiting.

My ex-wife is engaged, but I’m still paying her spousal support. It seems totally unreasonable to have to continue to pay alimony to an ex-spouse after she remarries.

So how can I get my alimony payments stopped after my ex-spouse remarries if the divorce agreement is silent on the matter of her cohabiting or remarrying?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska alimony laws where I am licensed to practice.

Many states have statutes that govern alimony and the termination of alimony payments. Therefore, although a divorce decree may be silent as to how alimony may terminate, the statute provides for the termination upon certain life events, such as death or remarriage.

Beyond the life events of death or remarriage, alimony in the states I practice in can be modified by a material change of circumstance, including financial positions of the parties.   Further, although cohabitation is not a life changing event in the states I practice in, it does not mean the same holds true in the state you require legal assistance from. This includes questions regarding common-law marriages.

That being said, it does not mean the state withholding agency or court system will automatically check to see if the party receiving alimony has had a life event that would terminate the support payments. You would still need to file a motion, petition, and/or complaint to stop or modify the spousal support payments.

Where I practice, you cannot retrieve alimony payments already accrued. Meaning, if you do have the right to file to terminate alimony, but fail to do so immediately upon the life changing event such as remarriage, you cannot retrieve the payments already accrued and withheld.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.