Home > Legal > Questions & Answers > Alimony > My fiancee is paying alimony to his xwife - will she will entitiled to an increase when we get married if I work?
My fiancee is paying alimony to his xwife - will she will entitiled to an increase when we get married if I work?
Will my income be included in as a family total income which can increase her alimony? Is alimony based on total household income when the payor gets remarried? or is it just based on the xspouses income alone?
Normally alimony is limited to the ex's ability to pay. In certain situations the payor may be asked to pay more if the new marriage means he has less expenses. For example. if his rent is $1,000 a month and now he gets married and the new wife pays 1/2 of the rent then his rent is now $500 per month. Sometimes the ex succeeds in getting alimony increased if she can show 1) her need 2) her ex's ability to pay. This is very fact specific. An ex cannot go to family court and demand more money for the sole reason that the ex has married.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:
Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..
Divorce in General and How It's Handled in New Jersey
Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)
US law on parental kidnapping: Please see 28 USC s. 1738……………………
LEGAL DISCLAIMER…………………………………………………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.