Does the Ex-Husband Have to Pay Alimony to His First Wife After He Remarries?
Alimony laws were enacted primarily to support lesser-earning spouses after a divorce. The Wall Street Journal reports that according to an Internal Revenue Service report, Americans gave $9.4 billion to former spouses in 2007, an increase from $5.6 billion a decade earlier. Men constituted 97 percent of alimony-payers in 2008, according to the U.S. Census Bureau. When an ex-husband remarries, alimony laws are still favorable to his former spouse.
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Criteria
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An ex-husband who remarries may still have to pay alimony for his ex-wife depending on the length of marriage. Typically if you were married for four years or less, the judge may decide not to grant your ex-wife alimony rights. It is likely that you will pay alimony if you had been married for more than five years and even more likely if your marriage lasted for more than 15 years. In most states, the longer the marriage, the more likely that alimony payments will be permanent.
Necessity
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You may have to continue paying alimony to your ex-wife unless there is a significant change in your ability to pay. If your re-marriage reduces your financial resources, then you may request a court to review the alimony agreement. However, if your ex-wife still can't support herself, you may have to continue paying alimony. Her inability to support herself may be attributable to her staying home too long without pursuing a career during your marriage.
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Remarriage
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In most states alimony usually ends when the wife remarries. However, it is essential to indicate this provision in the final divorce settlement agreement because a judge may order that you continue paying alimony even after your ex-wife remarries. This "rehabilitative alimony" is payable if the recipient remarries but still cannot financially support herself and any children. The judge determines how long you will continue to pay rehabilitative alimony.
Reforms
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Some states, such as Florida, require that a spouse paying alimony do so permanently. States such as Pennsylvania, New Jersey and Oklahoma are advocating for limits on paying alimony. These states are calling for alimony to cease if the two spouses earn roughly the same amount of income or if the recipient cohabits with another person in a romantic relationship. For now, an ex-husband’s remarriage may not be reason enough for him to stop paying alimony.
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