In New Jersey, alimony, or spousal support, is a money award that one spouse (payor), pays to his or her ex-spouse (payee) following their divorce.
According to N.J.S.A. 2A:34-25, alimony is generally terminated upon the remarriage of the recipient spouse.
The exceptions to this general rule are as follows: First, a termination of alimony does not apply to any arrears that have accrued prior to the date of remarriage. In other words, if the payor is behind on payments, those arrears do not get erased by a payer’s remarriage.
Second, if the alimony was awarded specifically for the purposes of rehabilitation (to allow the payee to reach a level of income self-sufficiency) or for reimbursement (to compensate the payee for contributions made to allow the payor obtain better and more lucrative employment opportunities, then a remarriage generally does not terminate such alimony payments.
In addition, the statute also expressly requires that the payee notify the payor of his or her remarriage. In fact, if the payee does not provide such notice, the statute permits the court to award the payor attorneys fees and costs.
Importantly, remarriage of the payor will not impact his or her alimony obligation. The termination only applies upon the remarriage of the recipient, payee, ex-spouse.
Contact A Central New Jersey Divorce Attorney
A remarriage is just one of several reasons that alimony can be terminated. Contact the Law Office of Steven M. Cytryn, LLC , for assistance with your alimony needs. Proudly Serving Central New Jersey, including Middlesex, Monmouth, Somerset, Union and Mercer Counties.