I was divorced several years ago, and had an alimony obligation due to the fact that my ex-wife was not working at the time, but she remarried shortly after it was finalized and has since found employment.
Do I have to continue paying spousal support since she has a job and new husband to support her?
First, you have to look to the document which directs you to pay alimony/spousal support. Sometimes there are different rules that apply if it was entered by agreement as opposed to entered by an order of the court in terms of modifiability.
For example, here in Pennsylvania, if you have a court order for alimony and the other side cohabitates or remarries, alimony is terminated. You need to see if such rules apply to your case.
If there is no bar to her receiving support based on her marital status, you need to see if support is modifiable based on the fact that she is working.
Here, if there is a significant change in circumstances, you can often seek to modify support, but this too will be dictated by the language in an agreement to resolve the divorce which contains a provision for alimony.
Again, you have to see if your terms of payment are modifiable, but all the facts you cite would warrant a modification in Pennsylvania, assuming there was not an agreed order entered which provided for alimony or support to be non-modifiable.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”