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What are the chances of modifing alimony payments when the ex-wife has remarried?

Grand Junction, CO |
Filed under: Alimony

Alimony payments are to start after the sell of their previous house. The house is still on the market and no promise of a sell any time soon. The alimony payments start after the sell of the house and last for a period of 3 years. Are there any chances of modifing the decree?

Attorney Answers 4

  1. Generally, when a person receiving maintenance re-marries, they should stop receiving payments. Colo. Rev. Stat. § 14-10-122(2) states that "Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance." In order to answer your question, I would need more information as to the language of the agreement regarding maintenance. Also, it seems that in your case, the maintenance payments have not started, and were scheduled to start after a certain event took place, i.e. selling their house. This is problematic in itself, because it provides little incentive for one party to want to sell the house.

    I suggest you consider contacting an attorney to review what the language in your decree says to get a better idea about the likelihood of modification.

    Kathlyn Bullis, Esq.

    Legal disclaimer: Answering this question does not establish an attorney client relationship. This answer is for educational purposes only. You should consult an attorney in your state for your circumstances.

  2. Given the current housing market, your question may be very premature. If the house ever sells, alimony payments are supposed to start. However, the remarriage normally would terminate the payments. Without reviewing the judgment it is difficult to offer an opinion. A properly drafted judgment would have provided for this eventuality.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  3. As noted by one of the other attorneys who responded, maintenance (alimony) in Colorado generally terminates upon the remarriage of the former spouse who was to receive the maintenance. However, it is possible that your specific order or Separation Agreement makes maintenance payable even after the former spouse's remarriage, and it might preclude making any changes to the maintenance provision. You need to have an experienced family law attorney look over your divorce paperwork in order to get any worthwhile answer to your question. Every analysis of this type of situation begins with reading the actual language of the order. Without that, it's all guess work.

  4. The specific language of the decree controls. Maintenance can be modified upon a showing of changed circumstances and always terminate upon remarriage.

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