Spousal support or spousal maintenance can help make divorce less imbalanced. However, the obligation to pay another person can put intense pressure on one spouse’s budget. They might hope to terminate their spousal support obligations early if circumstances allow.
In some cases, a significant change in the earning potential of either spouse could lead to the courts reviewing the current support order. Modifications are possible in scenarios involving substantial financial changes, such as losing a job or securing a promotion.
Does the remarriage of a former spouse receiving spousal support justify a modification request?
Remarriage can lead to an early termination of support
Unless the circumstances of either spouse change drastically, the paying spouse usually has to follow the spousal support order as established by the courts. The recipient has a right to receive support based on how the courts interpreted the marital circumstances at the time of the divorce.
Health challenges, limited earning potential and other challenges may contribute to the decision to award spousal support to one spouse. When someone who was dependent on their spouse remarries, they have someone else who can provide them with financial assistance.
With exceptions for unusual scenarios, the remarriage of a recipient spouse is often adequate justification for the courts to terminate spousal support or maintenance payments. In fact, simply moving in with a new romantic partner could drastically adjust an individual’s finances and warrant a review of the support order in some cases.
Discussing how family situations have changed with a skilled legal team can help people evaluate whether they are in a position to request a spousal support modification. When financial needs change, the amount of support required and the duration of payments may change as well.