If you find out that your former spouse is choosing to get remarried, you may be wondering what this means for your alimony payment obligations. More specifically, you may want to determine the possibility of getting this order modified or terminated altogether. Read on to discover whether you can stop paying alimony if your former spouse remarries and how one of the seasoned Hudson County alimony attorneys at Greenberg & Walden, LLC can guide you through this.
Can I stop paying alimony if my former spouse remarries?
First of all, there is an official that you must go about adjusting or terminating your alimony order. That is, you must file a petition for a post-judgment modification with a New Jersey family court. With this, you may argue that since your former spouse has remarried, they are no longer financially dependent on you.
Importantly, you may even file a post-judgment modification if your former spouse chooses to cohabitate with their new partner. When determining whether cohabitation exists, a New Jersey family court will ask you to prove any or all of the following:
- Can you prove that your former spouse and their new partner share the same physical address?
- Can you prove that your former spouse and their new partner predominantly live at the same residence?
- Can you prove that your former spouse and their new partner share their finances?
- Can you prove that your former spouse and their new partner share their living expenses?
- Can you prove that your former spouse and their new partner share their domestic chores?
- Can you prove that your former spouse and their new partner acknowledge their relationship in front of friends and family?
If you can prove the above, then you may have a chance at a modification of your alimony obligation. However, a New Jersey family court will still look beyond these factors when making its final decision. This is because they believe cohabitation goes beyond living together full-time and such.
What are the consequences of refusing to pay alimony?
Though you may be able to get out of your alimony obligation once your former spouse remarries, you cannot do so without the permission of a New Jersey family court. That is, if you do not go about the proper post-judgment modification proceedings, then you may be facing legal consequences. More specifically, the following actions may occur in an effort to raise funds for your mandatory alimony payments:
- You may have a lien placed on your property.
- You may have your property seized.
- You may have funds deducted directly from your checking or savings accounts.
- You may have your wages garnished.
- You may be held in contempt of court.
To avoid the above, you must consult with one of the competent Hudson County family law attorneys today.
