Alimony can be an important part of an Alabama divorce settlement or court order. But what happens when the spouse receiving alimony gets remarried?
In Alabama, remarriage can affect a person’s right to continue receiving certain types of alimony. However, the outcome depends on the type of alimony involved, the language of the divorce judgment, and the circumstances of the case.
If you pay or receive alimony and a remarriage occurs, understanding how Alabama law applies can help you determine whether the payments can be changed or terminated.
Does Remarriage Automatically End Alimony in Alabama?
For periodic alimony, Alabama law generally provides that the obligation to pay alimony terminates when the recipient remarries or cohabits with a member of the opposite sex.
Alabama Code § 30-2-55 addresses the termination of periodic alimony under these circumstances.
However, this rule applies specifically to periodic alimony. Other forms of alimony, such as alimony in gross, may be treated differently.
The exact wording of the divorce judgment or settlement agreement can also matter.
What Is Periodic Alimony?
Periodic alimony generally consists of recurring payments made from one former spouse to another after divorce.
It is typically intended to provide ongoing financial support to a spouse who meets the requirements for alimony under Alabama law.
Because periodic alimony involves continuing payments, changes in the recipient’s circumstances can sometimes affect the obligation.
Remarriage is one circumstance that can result in termination under Alabama law.
What Happens When the Alimony Recipient Remarries?
When a former spouse receiving periodic alimony remarries, the paying spouse may have grounds to stop the obligation under Alabama law.
However, you should not simply stop making court-ordered payments without understanding the legal requirements and the terms of your judgment.
If there is a dispute about whether alimony has terminated, a court may need to address the issue.
The safest approach is to review the divorce judgment and applicable Alabama law with an experienced family law attorney before changing payments.
Does Cohabitation Also Affect Alimony?
Yes. Alabama Code § 30-2-55 also addresses situations in which the recipient of periodic alimony lives openly or cohabits with a member of the opposite sex.
This means remarriage is not necessarily the only circumstance that can affect periodic alimony.
If you believe your former spouse is living with a partner in a manner covered by the statute, documentation of the circumstances may become important.
Because cohabitation cases can involve factual disputes, it is generally wise to obtain legal advice before taking action.
Does Alimony in Gross End When the Recipient Remarries?
Not necessarily.
Alimony in gross is different from periodic alimony. It may represent a fixed property-related award rather than continuing support that automatically ends when the recipient remarries.
Whether alimony in gross is affected by remarriage depends on the nature and terms of the award.
The language in the divorce judgment or settlement agreement can therefore be extremely important.
If you are unsure what type of alimony was awarded, review the order with an Alabama divorce attorney before assuming remarriage ends the obligation.
What If the Divorce Agreement Says Alimony Continues?
The terms of a divorce agreement can matter when determining the parties’ rights and obligations.
If the parties entered into a settlement agreement addressing alimony, the exact language should be reviewed carefully.
A provision may address:
- The amount of alimony
- The duration of payments
- Whether alimony terminates upon remarriage
- Whether cohabitation affects payments
- Modification rights
- Other conditions affecting the obligation
Even when an agreement contains specific terms, Alabama law and the wording of the final judgment should be considered together.
Can the Paying Spouse Stop Alimony Immediately?
You should be cautious about stopping alimony without confirming that the obligation has legally terminated.
A court order may remain in effect until the appropriate legal process is completed, depending on the circumstances.
If the recipient has remarried and you believe periodic alimony should terminate, an attorney can review the order and advise you about the appropriate next steps.
This can help avoid unnecessary disputes over unpaid support or alleged violations of the divorce judgment.
What Evidence May Prove Remarriage?
If the recipient’s remarriage is disputed or not clearly documented, evidence may be necessary.
Potential documentation may include:
- A marriage certificate
- Public records
- Court records
- Statements or admissions
- Other reliable documentation showing that the remarriage occurred
The appropriate evidence depends on the circumstances of the case.
What If Your Former Spouse Does Not Tell You About the Remarriage?
A former spouse receiving periodic alimony may not always immediately inform the paying spouse about a new marriage.
If you discover that your former spouse has remarried, do not automatically assume that you can simply stop payments without taking any further action.
Review the divorce order and consult an attorney about how Alabama law applies to your specific circumstances.
A lawyer can help determine whether the alimony obligation has terminated and what procedural steps may be appropriate.
Can Alimony Be Modified Instead of Terminated?
Termination and modification are different legal issues.
Remarriage can trigger termination of periodic alimony under Alabama law, while other changes in circumstances may potentially support a request to modify an alimony obligation when modification is legally available.
Depending on the divorce judgment, issues that may arise include:
- Changes in income
- Retirement
- Disability
- Changes in financial circumstances
- Remarriage
- Cohabitation
- Other circumstances addressed by the order
Whether modification is available depends on the type of alimony and the terms governing the award.
What If the Recipient Remarries in Another State?
A remarriage does not necessarily avoid the effect of Alabama law simply because it takes place outside Alabama.
If an Alabama divorce judgment governs the alimony obligation, the relevant order and applicable law should be reviewed to determine what effect the remarriage has.
Documentation of the new marriage may become important if the former spouses disagree about whether payments should continue.
What Should You Do If Your Former Spouse Remarries?
If you pay alimony and learn that your former spouse has remarried, consider taking these steps:
1. Review your divorce judgment. Determine exactly what type of alimony was awarded.
2. Confirm the remarriage. Obtain reliable documentation if possible.
3. Do not immediately change payments without legal guidance.
4. Keep records of all alimony payments.
5. Speak with an Alabama family law attorney.
6. Follow the appropriate legal process if the obligation needs to be formally addressed.
If you receive alimony and are planning to remarry, you should also understand how your remarriage may affect your payments before getting married.
How an Alabama Alimony Lawyer Can Help
Alimony issues can become complicated when a former spouse remarries. The answer may depend on whether the award is periodic alimony or alimony in gross, the wording of the divorce judgment, and the specific circumstances surrounding the remarriage.
An experienced Alabama family law attorney can review the divorce order, explain how Alabama law may apply, and help determine what steps should be taken.
Talk to Joe Ingram Law About an Alimony Dispute
If your former spouse has remarried and you are unsure whether alimony payments should continue, or if you are concerned about losing alimony after your own remarriage, getting legal guidance can help you understand your rights and responsibilities.
Joe Ingram Law assists clients with alimony, divorce, property division, and other Alabama family law matters. Our firm can review your divorce judgment and help you understand how remarriage may affect your alimony obligation or entitlement.
Contact Joe Ingram Law to discuss your Alabama alimony matter and learn about your legal options.
