After the divorce has been finalized in New York, it is quite common for one or both spouses to remarry later—or sooner—down the road. It is important to understand that remarriage can have an impact on alimony and child support orders in New York.
Remarriage & Alimony in New York
According to state law, alimony automatically ends when a supported spouse remarries. However, it is possible that the recipient spouse continues to receive alimony payments from a previous marriage if it is stated in the divorce order.
Additionally, if the paying spouse could prove that his/her ex-spouse is habitually living with a new partner and the two act as husband and wife (also known as cohabitation), his/her obligation to alimony will end. In New York, cohabitation is quite challenging to prove since it is more than just a romantic relationship with someone who occasionally spends the night.
Remarriage & Child Support in New York
Remarriage alone does not result in termination or a modification of child support. No matter who remarries, the new spouse doesn’t have a duty to support your kids from a previous marriage or relationship.
However, when remarriage results in the birth of a new child, New York family law judges may consider the needs of additional children. For example, a new parent—who is currently paying child support for children from a previous marriage—requests a reduction in child support, the judge can take into account that parent’s new child’s needs in regard to modification.
Keep in mind, the courts will only consider the “new child” reasoning only if the financial resources available to the new child are less than what’s available to the children from a previous marriage. Simply put, if you and your new spouse’s income combined is equal to or more than the combined resources of you and your ex, then the judge typically will not grant your request for modification.
Do You Want to Modify Your Current Alimony Or Child Support Order? Our New York Divorce Lawyer Can Help You!
With more than 30 years of experienced, our New York family law attorney at Goldweber Epstein LLP understands what it takes to obtain the most favorable outcome possible. We can evaluate your case, determine all of your available legal options, and protect your rights and best interests in the process.
If you are interested in modifying a current alimony or child support order, contact us and request a consultation today.