My husband’s divorce decree specifies that alimony must be paid to his ex until she remarries, dies, or whichever comes first. She just informed us that she’s getting married in early September. Does that mean he still owes her for the month of September? Or should August be his last payment?
If alimony is set forth in a court order it can be modified based on a showing of a substantial change in circumstances made by either party. Normally remarriage or cohabitation of the payee spouse does entitle the payor to petition the court for termination of the alimony obligation.
If alimony is set forth in a separation agreement it is non-modifiable but does terminate upon the remarriage or cohabitation of the payee spouse if those terminating factors are listed in the agreement. If you are paying alimony and your ex gets remarried, then alimony ends automatically without a change.
Right. My question is WHEN does it end. If she’s getting married in September, do we owe her alimony for the month of September, or is August technically the last payment due? My DH pays her on a monthly basis. There is no due date specified in the divorce decree other than “per month.”
If not specifically stated in the agreement or order that alimony terminates on cohabitation/remarriage then it may not. If it doesn’t specifically say that, then he will need to continue paying alimony until his motion to terminate alimony is heard. He should file a motion to terminate once she has remarried. If she is remarried, then his motion should be granted.
As stated above, his divorce decree does state that alimony will cease when she gets married. We already know that for a fact. My question is around timing. If he typically pays on a monthly basis, and she gets married at the beginning of September, does he owe her alimony for the month of September?
This is not legal advice but a friend of mine prorated the last month when his ex remarried. She got married on the 15th so he paid half the month. Again, I don’t know the legal parameters but that was in NC .
Yes, you will owe for September provided that the date which you are required to pay alimony on occurs before the wedding date.