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Attorneys at Raleigh Divorce Law Firm

Does alimony end when your ex gets married?

On Behalf of | Apr 13, 2020 | Modifications |

Moving on after a divorce is often challenging, but it is possible. Many people find happiness in a new normal – and often a new partner. Even so, connections to one’s ex-spouse might still exist in a custody agreement or, in some cases, an alimony agreement.

The average monthly alimony payment is 30% of the higher-earning spouse’s income. Of course, the amount that a spouse pays depends on their ability to pay spousal support and their ex-spouse’s financial need, however there is no denying that paying alimony can be a financial strain.

So, many might wonder in the next chapter of their life after divorce: do they have to continue paying alimony even if their ex-spouse remarries?

The short answerNo

Under North Carolina law, alimony payments terminate immediately if the ex-spouse who receives these alimony payments remarries. This goes into effect on the day of the wedding.

The spouse responsible for paying alimony will no longer have an obligation to pay their ex-spouse. In addition, a court order is not required to officially terminate it.

However, alimony could end earlier

In some cases, the obligation to pay alimony might end before the receiving spouse remarries.

That same law states that alimony obligations also end if the spouse receiving alimony starts co-habiting with their new partner. However, unlike it is with a new marriage, this termination is not automatic. It requires more work on the part of the paying spouse.

If the ex-spouse receiving alimony shares a residence with a new partner, then individuals looking to terminate their alimony obligations must:

  1. File a motion to terminate alimony.
  2. Provide evidence of their ex-spouse’s cohabitation.

In these situations, it might be beneficial for individuals to consult an experienced family law attorney to ensure they protect their rights and their finances for their future.