Confused and flustered

My husband found out the hard way that alimony does not necessarily terminate upon remarriage of the other spouse or at the time that person moves in with another love, although it seems that North Carolina laws state it does. Unless it states in your agreemennt that the alimony is to terminate at the time you move in with someone else or at the time you remarry, you can very well continue receiving alimony after those times (either that or the judge and lawyer my husband had both lost their minds.) I say this because my husband’s ex remarried and the courts ruled that although she was remarried, he was to continue paying alimony in addition to child support until the end of the agreed upon time.

venus

Dear chelsea20:

Greetings. I would have to read the entire agreement, specifically the provisions on termination/modification of alimony. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My divorce was finalized 5/31/06. Prior to the divorce the separation (registered with the county) stated that “Husband agrees to pay $xxx per month in alimony to Wife. Said amount shall be due and payable on the first day of each month beginning March 1, 2005 and shall be due and payable the first day of each month thereafter for a total of fifty-four months.” My fiance and I would like to move in together before we marry (5 months from now.) Can I still get my alimony…it actually goes towards some things for our kids too. My standard of living wouldn’t be changed drastically from the way it is now. Do I need to ask the courts to recalculate child support? As it is now, I teach. The boys medical and dental is all on me plus any childcare expenses. I really need help.