How Remarriage Affects Alimony and Child Support in New Jersey
Going through a New Jersey divorce is never easy, but you eventually recover. In time, you may even want to remarry. While this can feel like a fresh start, does it change your rights regarding alimony and child support?
The answer depends on who remarries and which type of support is involved. If you are the one getting remarried, or if your former spouse just announced their engagement, it’s important to understand the legal impact before anything changes. Our Red Bank divorce lawyer explains how New Jersey law applies in these cases and ways to protect your legal rights.
How Remarriage Affects New Jersey Alimony If You’re the Paying Spouse
If you were ordered to pay alimony after a New Jersey divorce and eventually remarry, your obligation to your former spouse does not necessarily change. Under New Jersey law, remarriage isn’t grounds to terminate alimony payments. They continue until a judge says otherwise.
However, a new marriage can create financial pressures that may support a modification. Under Section 2A:34-23 of the New Jersey Statutes, situations that may support a modification request include:
- Your total household costs increase due to your remarriage.
- An increase in expenses or reduction in income tied to the new household arrangement affects your ability to pay.
- You retire at or near customary retirement age, triggering a presumptive review under New Jersey law.
- You and your new spouse start a family, creating significant and ongoing financial obligations.
Your new family or a new spouse’s financial needs do not outweigh an existing alimony obligation. You must document the actual changed circumstances.
Your Rights to Alimony in New Jersey If You Remarry or Move In With a New Partner
If you received alimony in a prior divorce and remarry, it terminates automatically under Section 2A:34-25 of the New Jersey Statutes. Keep in mind that moving in with a new partner can also affect your right to these payments. Here’s how the law applies:
- Remarriage permanently terminates alimony, regardless of the receiving spouse’s financial situation.
- Lump-sum or property settlement arrangements structured as alimony may be treated differently depending on how the original agreement was written.
- Moving in with a new partner, even without remarriage, can give the paying spouse grounds to suspend or terminate payments.
- Courts evaluate cohabitation based on shared finances, time spent together, whether the relationship resembles a marriage in practical terms, and other factors.
Keep in mind that attempting to conceal a cohabiting relationship while collecting alimony can have serious legal consequences, including mandatory repayment of support.
Consult Our Experienced Red Bank Alimony Lawyer
Whether you receive or make alimony payments in New Jersey, you need to be aware of how remarriage (or even cohabitation) can change the situation. At Sanvenero & Cittadino Law Office, our Red Bank alimony lawyer helps clients on both sides understand their rights and obligations.
For trusted, experienced legal guidance, contact our office and request a consultation today. We protect clients in Shrewsbury, NJ; Monmouth County, NJ; Central New Jersey; and throughout New Jersey.
Sources:
lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2A%3A34-23+Alimony
pub.njleg.gov/bills/9899/PL99/199_.PDF