Question:
Our divorce decree states I pay alimony until our child turns 19. There is no language concerning the remarriage of either party.
My ex-wife recently remarried, and I don’t think I should have to continue paying her spousal support if she is someone else’s spouse now.
Do I still need to pay alimony if my decree did not address the issue of alimony termination upon remarriage?
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 divorce laws where I am licensed to practice.
The terms stated in your decree will control the terms regarding how the alimony may be terminated. If it does not state alimony ends upon remarriage, then you may not have your alimony terminated on that reason.
Unfortunately, you may be looking at a bigger problem than what you think. Federal law reflects that alimony cannot be related to a contingency related to a child (such as stopping when the child comes of age) in order for you to be able to claim the payments as a deduction. You can review IRS Publication 504 for more information on this topic.
I would suggest that you meet with a men’s divorce attorney and see if an order can be entered to modify the decree so that it properly reflects when the payments should end.
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 Nancy Shannon, contact Cordell & Cordell.
I was awarded half of my husbands retirement as part of the divorce settlement. He got the house both cars and thats all I asked for. So if I remarry can I still receive my half of his retirement?