What is the legal process regarding terminating spousal maintenance when my ex remarries? Do I need to go to court or can I just stop paying at the time of her marriage?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.
The question is very specific to state law, so you should consult with a domestic litigation attorney in your state for a complete answer to your question.
That said, it is never advisable to simply stop paying on a court order and usually there is a method of informing the court that an event has occurred that would warrant an end to your maintenance payments.
In Wisconsin, where I practice law, in cases where one party is paying maintenance to the other, we typically write language write language into the agreement that if the recipient spouse remarries, that spouse must notify the court within a certain period of time after the marriage occurs, at which time the court, upon receiving this notification, will enter an order that maintenance is terminated.
I suspect that your state has a similar process and you should check your divorce paperwork to see if it has a requirement for your ex to notify the court if she remarries. If your paperwork doesn’t have such a provision, and you are sure she has remarried, you will need to determine what the specific process is in your county for notifying the court and getting an order terminating that maintenance.
Remember, I am unable to provide you with anything more than divorce tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.