Remarriage & Alimony in New York
In a New York divorce, if there is a significant difference in each spouse’s finances and/or earning capacity, then a judge may award alimony or spousal support to the lower-earning spouse. There are two main types of alimony: temporary maintenance during a pending divorce and post-divorce maintenance when the end of the marriage is finalized.
But what happens to alimony when the recipient spouse remarries? In New York, remarriage automatically terminates alimony.
However, there are some exceptions. For example, if the current court order has a provision that alimony continues after the recipient spouse remarries.
Additionally, if the paying spouse continues to make alimony payments without knowledge of the recipient spouse’s new marriage, he/she can seek reimbursement of any payments made after the remarriage.
Alimony can automatically be terminated if a recipient spouse starts living with a romantic partner, which is known as cohabitation. This means living together and acting like husband and wife, rather than occasionally spending the night.
Remarriage & Child Support in New York
The noncustodial parent – who the child does not live with – is required to pay child support, which covers a child’s basic needs, such as housing, food, clothes, education, medical expenses, and other related expenses. A judge will calculate the parents’ combined income, then multiply this number by a certain percentage – based on the number of children in the family – to reach a total amount for child support.
Whether a custodial or a noncustodial parent remarries, the new spouse has no duty to support children from a previous marriage or relationship. But what happens to child support payments if the noncustodial parent remarries and has another child?
If a noncustodial parent requests a reduction because of the new child, New York judges will take any additional children’s needs into consideration. According to a provision in the Child Support Standards Act (CSSA), a judge may determine that a parent’s share of child support is either inappropriate or unjust based on the circumstances of the case. Such factors include the needs of the new child, which often weighs in favor of child support reduction.
If you are interested in modifying a current alimony or child support order in Yonkers, contact Empire Law today at (914) 312-4131 for a free consultation.
