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Can alimony be reduced when the payee gets remarried?

Severn, MD |
Filed under: Alimony Family law

My Finace currently pays his ex-wife rehabillitive alimony? She keeps asking for more money and has not attempted to find a job to get back on her feet. Once he and I are married can she still ask for more money, or can we ask for a reduction since she is also living with her boyfriend?

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Attorney answers 1


In each state it is different, but generally the fact that the payor is getting married will probably NOT help him obtaining a lower amount of alimony, or also called spousal support. The fact that the recipient spouse is cohabitating is important and in some states creates a presumption that her need for financial assistance is reduced. This is not automatic, and my experience has been that many judges are hesitant to lower support on these facts because the new boyfriend is not a legal relationship, i.e. he may be financially assisting her now but has no continuing legal obligation to do so. Spousal Support/Alimony is a very factually driven issue. The facts and circumstances of each case are godin to affect the manner in which the outcome unfolds, and it is an area of the law where judges have a huge amount of discretion to do what her or she thinks is right. It is important to have a lawyer in your area assist you in evaluating this legal issue. It would also be best to consult with a lawyer who specializes in Family Law.



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