Does Alimony End When My Spouse Gets Remarried?

Alimony, or spousal support, can help spouses adjust financially after a divorce. But what happens when they find a new spouse? Do you still have to pay alimony if your spouse remarries?

In Michigan, the answer isn’t always straightforward. While remarriage typically signals the end of alimony payments, certain exceptions and legal nuances could alter the outcome. Learning how Michigan law approaches alimony after remarriage—and whether cohabitation can also impact payments—can help you understand your rights and responsibilities.

Does Remarriage Automatically End Alimony in Michigan?

Under Michigan law, spousal support usually ends when the recipient (not the paying spouse) remarries. The law states that “alimony may be terminated by the court as of the date the party receiving alimony remarries unless a contrary agreement is specifically stated in the judgment of divorce.”

Judges have the discretion to modify or terminate alimony based on significant life changes, including remarriage—but they’re not required to. However, if you and your former spouse reached a different agreement in your divorce proceedings, you may still be required to pay. For example, if your agreement specifically says that any spousal support will end upon remarriage, the court will honor that agreement. Similarly, if you’ve agreed to keep paying even after remarriage, a judge typically will not modify your divorce judgment.

Are There Situations Where Alimony Continues After Remarriage?

Usually, alimony stops if you remarry, but there are exceptions.

Contractual Agreements

Some divorce and spousal support agreements explicitly state that alimony will continue regardless of remarriage. This is usually the result of negotiations during the divorce process. The agreement is legally binding.

For instance, imagine your ex-spouse agreed to pay spousal support for 10 years, whether you remarry or not. You may have negotiated this provision because you sacrificed your career to care for your children. As a result, your earning potential is far lower than it would be if you stayed employed. Even if you remarried, you’d be entitled to the financial support—it helps ensure your long-term financial security after making a significant sacrifice for the family.

A Michigan divorce attorney can help by reviewing your agreement and explaining whether this applies to your specific situation.

Lump-Sum Alimony

Lump-sum alimony is another situation where one spouse’s remarriage doesn’t impact support payments. This type of alimony is often structured as a one-time payment or a division of assets rather than continuing monthly support. Once the paying spouse fulfills their one-time obligation, remarriage doesn’t affect the agreement.

In other words, if your spouse was granted a $50,000 lump sum, they’ll keep that amount—even if they get remarried the day after you’ve paid. They’re entitled to keep the money no matter what their marital status is moving forward.

Judicial Discretion

Michigan courts have the authority to modify agreements in situations where it may be appropriate to continue alimony payments after remarriage. For instance, if there’s a significant financial disparity between you and your spouse, the court may decide that you still require support to maintain your standard of living. Judges may consider how long you were married, your health, and your earning capacity.

If you’re unsure whether remarriage will impact your alimony obligations or entitlements, consult an experienced alimony lawyer.

Does Cohabitation Affect Alimony Payments?

Cohabitation is living with a romantic partner without being married, which can significantly impact alimony payments. While cohabitation doesn’t automatically terminate alimony in the same way remarriage often does, it can provide grounds for modifying or ending spousal support. This is because cohabitation usually involves reduced financial obligations, assuming people share expenses with their partner.

Michigan courts have the discretion to reduce or terminate alimony if the recipient is cohabitating with a new partner. Judges typically consider:

• The nature of the relationship – First, a court will look at whether this is a short-term relationship or a long-term, marriage-like partnership.
• Financial contributions – Next, judges will consider whether the couple shares finances. Are they splitting rent, groceries, utility bills, and other living expenses?
• Evidence of a shared household – Finally, courts will review whether the couple lives in the same home, shares responsibilities like chores and upkeep, or presents themselves as part of the same household unit. For example, merely living with a roommate usually would not rise to the level of living with a partner in a shared household. While you may split rent and utilities, it’s not the same kind of financial interdependence as living with a romantic partner.

Every situation is unique, however, and there’s no automatic rule to terminate alimony when the recipient is living with a new partner. However, it is evidence that the recipient’s financial needs are lower than they might be otherwise.

How to Legally Stop Alimony Payments After Remarriage

If you’d like to stop alimony payments after your ex-spouse remarries, there are a few steps you can take. First, review your divorce agreement. Does it explicitly say that alimony ends upon remarriage? Does it provide for alimony even after remarriage? If you’re not sure what your agreement means, talk to an experienced Michigan divorce attorney.

Next, gather evidence of your ex’s remarriage. This may include official documents like marriage certificates or other evidence as suggested by your attorney.

Your attorney will file a motion to terminate alimony. This is a formal request to the Michigan family court system. Once you’ve made the request, your ex will have the chance to respond. They may oppose ending payments, which requires the court to review agreements and evidence as necessary. After you’ve reached an agreement or the court rules, the court will issue a legally binding order.

Having an experienced divorce and spousal support attorney on your side is important. Your attorney can explain your rights and obligations, file motions, present evidence, and build a persuasive case to stop paying alimony.

Contact Our Michigan Alimony Lawyers Today

If you’re interested in modifying your alimony agreement or ensuring payments will continue, contact Alward Fisher for guidance. Our knowledgeable Traverse City divorce lawyers will review your divorce agreement and explain your options. Call our family law firm today to get started.