MY EX HUSBAND WILL BE ABLE TO STOP PAYING ALIMONY IF REMARRIED. IS THIS NORMAL oregon LAW FOR SPOUSAL SUPPORT ON DIVORCE DECREE?

Asked 12 months ago - Coos Bay, OR

if I get remarried will my alimony be reduced or stoped

Attorney answers (3)

  1. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    Answered . If a divorce judgment includes a requirement that one party pay the other spousal support, it is typical that the judgment say that the support payments stop if the party receiving support gets remarried. Even if the judgment doesn't say that, then the party paying support could still ask the court to modify the judgment to stop support payments, if there's a major and unanticipated change of economic circumstances; the receiving party's remarriage certainly could qualify, though it would depend on the reason for the support payments. It's less common in my experience for a divorce judgment to say that spousal support terminates if the paying party remarries, but it's not impossible. In any case, we can't see your divorce judgment from here, so we can't say for sure what will happen in your case. If you have concerns, consult with an attorney in private.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Diane L Gruber

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Say what? We can't answer your question without reading your divorce judgment. Take a look at it , and if you can't find your answer there, take it to an experienced divorce attorney. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  3. Joanne Reisman

    Contributor Level 16

    1

    Lawyer agrees

    Answered . There are several things post divorce that can be modified - these include parenting time with a child or custody of the child, child support, and spousal support. A clause in a divorce decree that says spousal support will terminate upon death of the paying spouse or remarriage of the recipient spouse is pretty common. The termination upon death of the paying spouse is actually required to meet with tax law requirements and is usually offset with the requirement that the paying spouse maintain life insurance that gets paid to the recipient spouse if the paying spouse dies. The clause about remarriage is intended to recognize that the recipient spouse now has a new spouse who replaces the spouse from the former marriage and who now can be a source of spousal support for the recipient spouse.

    What will happen in your particular situation is hard to determine via the small amount of information we see here on face book. To get legal advice for this type of problem you need to take your divorce decree and go and talk to a lawyer. Not only do they have to read your particular decree but they need to discuss with you the circumstances of your divorce. It may be that the termination of spousal support is not absolute and will depend on the examination of other factors.

    Spousal support is ordered for different reasons. There is the traditional general maintenance type of support which is for the spouse that just didn't have much earning potential and needs economic assistance. There is also the type of spousal support known as transitional, which is just a temporary fix to help the low income spouse get job training and reenter the workforce. There is also compensatory spousal support which is like paying back a student loan and is meant to compensate a spouse that sacrificed by working and supporting the other spouse while they went to school and built a high paying career. So of these three types of support, the first type, general maintenance, is the type that would typically be replaced by the new income of a new spouse and thus would properly be terminated. The latter two types of support, transitional and compensatory shouldn't be terminated because they are meant to be paid for different reasons that are not removed by remarriage. There can be spousal support that is part of an agreement by spouses on the overall division of assets and debts from the marriage. Spousal support that is meant to balance a division of assets or debts should not be terminated upon remarriage. Finally in some marriages the spouses agree that any spousal support they have agreed to can't be terminated and the court will generally enforce this type of agreement despite a later change of circumstances like remarriage.

    Understand that generally speaking either party can generally go back to court and seek a modification of the spousal support award after the divorce, even when the decree is silent. The underlying idea behind spousal support is normally to help the lower income spouse survive while they try to become financially independent, which can occur by them improving their income from employment or by remarriage. So even where a spousal support decree doesn't state that it terminates upon remarriage, the court can still be asked to terminate the support when the financial conditions of the recipient spouse change. (Conversely, the recipient spouse can seek an increase in spousal support or the duration of the support when the conditions as well.) Again predicting the possible outcome of revisiting the issue in court depends on analyzing the wording of the decree, the circumstances of the divorce when the decree was issued, the purpose for which the support was ordered in the first place, and the current circumstances of the both former spouses. http://www.portlandlegalservices.com

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,011 answers this week

3,425 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,011 answers this week

3,425 attorneys answering