Remarriage can significantly impact alimony, both for the person receiving it and the person paying it. Whether you’re already paying or receiving spousal support, or expect to after a divorce, it’s important to understand how remarriage can affect your financial agreement.
In many cases, alimony ends when the recipient gets married again, but the exact outcome depends on the terms of the divorce and the laws in your state. Consulting with our Chicago, IL spousal support lawyer can help you and your former spouse create a mutually acceptable agreement that avoids future disputes.
What Happens To Alimony After Remarriage?
Most of the time, if the person receiving alimony gets remarried, the support payments end automatically. This is based on the idea that the new spouse is now helping support them. The paying spouse typically does not have to take legal action to stop the payments unless the divorce judgment includes different instructions.
However, if the divorce agreement includes language that continues alimony regardless of remarriage, those terms will usually hold up. That’s why reviewing the divorce decree and the specific language of your spousal support order is essential. Some agreements include non-modifiable alimony or set a specific timeframe for support regardless of future changes in marital status.
Remarriage And The Paying Spouse
If the person who pays alimony remarries, this typically does not change the existing support obligations. In general, new financial responsibilities don’t usually affect the requirement to pay unless the court order is modified. That said, if the paying spouse experiences a significant change in income or financial circumstances, they can request a modification based on those changes, but remarriage alone does not usually qualify.
A Note About Who Receives Alimony
There’s a common misconception that women always receive alimony and men always pay it. In reality, spousal support is based on financial need and earning capacity—not gender. As more households have dual incomes and more women take on primary financial roles, it’s not unusual for men to receive alimony when appropriate under the law. Each case depends on the facts, not stereotypes.
Cohabitation May Also Affect Support
Even if the receiving party does not formally remarry, cohabiting with a new partner can sometimes affect alimony. In Illinois, courts may terminate or reduce alimony if the recipient is living with a romantic partner in a marriage-like relationship. Courts look at various factors, such as shared living expenses, length of the relationship, and how financially intertwined the couple has become.
If you believe your former spouse is cohabiting and you’re still paying alimony, it may be worth speaking to an attorney. You would likely need to petition the court for a modification or termination of the original support order. Likewise, if you’re receiving support and planning to live with someone, it’s important to know how that could impact your income.
Clear Agreements Help Avoid Conflict
Our attorneys can attest to the value of well-drafted divorce agreements. Working with a legal professional at the start of your divorce can help clarify expectations around alimony and what happens if either party remarries or begins a new relationship.
If remarriage is on the horizon for you—or if your former spouse is entering a new relationship—it may be time to review your alimony arrangement. Whether you’re paying or receiving support, you deserve clarity on your rights and obligations. Talk with one of our family lawyers at Merel Family Law to better understand how your support agreement could change.
