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. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 27 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
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: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin<br> Bodzin Donnelly Mockrin & Slavin, LLP<br> 2029 SE Jefferson Street, Suite 101, Milwaukie, OR 97222<br> <br> Telephone: 503-227-0965<br> Facsimile: 503-345-0926<br> Email: firstname.lastname@example.org<br> Online: www.bodzindonnelly.com
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 might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.